10533-17 Amending Chapter 13, Article 5, Section 13-75.5 of the South Bend Municipal Code to add dealing in a synthetic drug lokaliek substance to the list of prohibited activites constituting a disorderly house

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ay r o. Violations of any of the following Indiana statutes governing: 1. Dealing in cocaine or a narcotic drug in violation of IC 35-48-4-1: 2. Dealing in methamphetamine in violation of IC 35-48-4-1.1; 3. Dealing in a schedule I, II or III controlled substance in violation of IC 35-48-4- 2; 4. Dealing in a schedule IV controlled substance in violation of IC 35-48-4-3; 5. Dealing in a schedule V controlled substance in violation of IC 35-48-4-4-4; or 6. Dealing in marijuana,hash oil,hashish, salvia_,er a synthetic drug,or a synthetic drug lookalike substance such as cannabinoid in violation of IC 35-48-4-10 and IC 35-48-4- 10.5 and as defined at IC 35-48-4-11.5 and IC 35-31.5-2-321.5. A cannabidiol or a substance containing cannabidiol used to treat epilepsy under IC 16-42-28.6 et seq.is excluded from this subpart. 7. Use or possession of any of the substances described in subsections o.1.through and including 6., above, or the sale, use or possession of any other illicit narcotics or dangerous controlled substances. (b) Public nuisance. Whenever prohibited conduct as defined in subsection (a) of this section occurs in or upon a building, dwelling, establishment, premises or place, the City deems the building, dwelling, establishment, premises or place to be a disorderly house and a public nuisance. (c) Notice to abate. Whenever the South Bend Police Department or the Department of Code Enforcement has probable cause to believe that prohibited conduct has occurred in or upon a building, dwelling, establishment, premises or place, the City shall notify the owner of the property, and the occupants of the property that the building, dwelling, establishment, premises or place is a disorderly house and as such constitutes a public nuisance and that they must abate the public nuisance. (d) Manner of serving notice. The City shall be provide notice to the owner of the property and the occupants of the property in the manner provided by IC 36-7-9-25. The City deems the owner of the property and the occupants of the property responsible for any and all prohibited conduct occurring upon the premises after receipt of the notice. (e) Penalty and injunctive relief. Whenever prohibited conduct occurs upon a property after the City has provided notice to abate the public nuisance,the City may file an action in any court of general jurisdiction against the owner and/or occupants to enjoin the nuisance and to recover a fine of not less than two hundred fifty dollars ($250.00) and not more than two thousand five hundred dollars ($2,500.00) with each day of violation constituting a separate offense. In determining the amount of the fine to be imposed, the court may consider the attempts of the property owners or occupants to address the public nuisance. (f) Eviction proceedings as a defense. No owner shall be liable for a violation of this section if such owner initiates an eviction proceeding within thirty (30) days of receipt of notice of the prohibited conduct set forth in this section, and diligently pursues eviction proceedings to completion. Page 4