A. When the Chief of Police or a Precinct Commander receives two or more
police reports documenting the occurrence of Nuisance Activities on or within
200 feet of a Property, the Chief of Police or Precinct Commander shall
independently review such reports to determine whether they describe the
activities, behaviors or conduct enumerated under Portland City Code 14B.60.010
D.1.-21. Upon such a finding, the Chief of Police or a Precinct Commander may
notify the Person in Charge in writing that the Property is in danger of
becoming Chronic Nuisance Property. The notice shall contain the following
information:
1. The street address or a legal description sufficient for
identification of the Property.
2. A statement that the Chief of Police or Precinct Commander has
information that the Property may be Chronic Nuisance Property, with a concise
description of the Nuisance Activities that exist, or that have occurred. The
Chief of Police or the Precinct Commander shall offer the Person in Charge an
opportunity to propose a course of action that the Chief of Police or the
Precinct Commander agrees will abate the Nuisance Activities giving rise to
the violation.
3. Demand that the Person in Charge respond to the Chief of Police
or the Precinct Commander within ten (10) days to discuss the Nuisance
Activities.
B. When the Chief of Police or Precinct Commander receives a police
report documenting the occurrence of additional Nuisance Activity on or within
200 feet of a Property after notification as provided by Portland City Code
14B.60.030 A.1.; or, in the case of Chronic Nuisance Property as defined in
Portland City Code 14B.60.010 A.3. or 4., for which notice under Portland City
Code 14B.60.030A is not required, the Chief of Police or the Precinct Commander
shall notify the Person in Charge in writing that the Property has been
determined to be a Chronic Nuisance Property. The notice shall contain the
following information:
1. The street address or a legal description sufficient for
identification of the Property.
2. A statement that the Chief of Police or the Precinct Commander
has determined the Property to be Chronic Nuisance Property with a concise
description of the Nuisance Activities leading to his/her determination.
3. Demand that the Person in Charge respond within ten (10) days to
the Chief of Police or the Precinct Commander and propose a course of action
that the Chief of Police or the Precinct Commander agrees will abate the
Nuisance Activities giving rise to the violation.
4. Service shall be made either personally or by first class mail,
postage prepaid, return receipt requested, addressed to the Person in Charge
at the address of the Property determined to be a Chronic Nuisance Property,
or such other place which is likely to give the Person in Charge notice of the
determination by the Chief of Police or the Precinct Commander.
5. A copy of the notice shall be served on the owner at the address
shown on the tax rolls of the county in which the Property is located, and/or
the occupant at the address of the Property, if these Persons are different
than the Person in Charge, and shall be made either personally or by first
class mail, postage prepaid.
C. If the Person in Charge fails to respond as required by Portland
City Code 14B.60.030 B.3., the Chief of Police or the Precinct Commander may
refer the matter to the Commissioner in Charge and the City Attorney. Prior to
referring the matter to the Commissioner in Charge and the City Attorney, the
notice required by Portland City Code 14B.60.030 B. shall also be posted at the
property.
D. If the Person in Charge responds as required by Portland City Code
14B.60.030 B.3. and agrees to abate Nuisance Activities giving rise to the
violation, the Chief of Police or the Precinct Commander may postpone referring
the matter to the Commissioner in Charge and the City Attorney. If an agreed
course of action does not result in the abatement of the Nuisance Activities
within sixty (60) days; or, if no agreement concerning abatement is reached
within sixty (60) days, the Chief of Police or the Precinct Commander may refer
the matter to the Commissioner in Charge and the City Attorney.
E. When a Person in Charge makes a response to the Chief of Police or
the Precinct Commander as required by Portland City Code 14B.60.030 A.3. or B.3.
any conduct or statements made in connection with the furnishing of that
response shall not constitute an admission that any Nuisance Activities have
occurred or are occurring. This Subsection does not require the exclusion of any
evidence which is otherwise admissible or offered for any other purpose.
F. The failure of any Person to receive notice as provided by Portland
City Code 14B.60.030 A. or B. shall not invalidate or otherwise affect the
proceedings under this Chapter.
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