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9602-05 Amend Chapter 13, to expand the scope of prohibited conduct wich may generate an action to abate a public nuisance
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9602-05 Amend Chapter 13, to expand the scope of prohibited conduct wich may generate an action to abate a public nuisance
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Last modified
12/13/2010 10:16:56 AM
Creation date
2/12/2008 9:45:40 AM
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City Council - City Clerk
City Council - Document Type
Ordinances
City Counci - Date
7/25/2005
Ord-Res Number
9602-05
Bill Number
40-05
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I.C. 7.1-5-7-8; <br />(4) inducing a minor to .possess alcohol in <br />violation of I.C. 7.1-5-7-15; <br />15) sale or delivery of alcoholic beverages to <br />intoxicated persons in violation of I.C. <br />7.1-5-10-15; <br />S6) receipt of alcoholic beverages from a person <br />who does not hold a permit in violation of I.C. <br />7.1-5-10-5; <br />S7) purchase of alcoholic beverages from a person <br />who does not hold a permit in violation of I.C. <br />7.1-5-10-7; or <br />(8) visiting or maintaininc~a common nuisance in <br />violation of I.C. 7.1-5-10-21. <br />(b) Public nuisance. Whenever prohibited conduct as <br />defined in subsection (a) of this section occurs in or upon a <br />building, dwelling, establishment, premises or place, the City <br />deems the building, dwelling, establishment, premises or place to <br />be a disorderly house and a public nuisance. <br />(c} Notice to abate. Whenever the South Bend Police <br />Department or the Department of Code Enforcement has probable <br />cause to believe that prohibited conduct has occurred in or upon <br />a building, dwelling, establishment, premises or place, the City <br />shall notify the owner of the property, and the occupants of the <br />property that the building, dwelling, establishment, premises or <br />place is a disorderly house and as such constitutes a public <br />nuisance and that they must abate the public nuisance <br />(d) Manner of serving notice. The City shall provide <br />notice to the owner of the property, and the occupants of the <br />property in the manner provided by I.C. 36 7 9 25. The City deems <br />the owner of the property, and the occupants of the property <br />responsible for any and all prohibited conduct occurring upon the <br />premises after receipt of the notice. <br />(e) Penalty and injunctive relief. Whenever prohibited <br />conduct occurs upon a property after the City has provided notice <br />to abate the public nuisance, the City may file an action in any <br />court of general jurisdiction against the owner and/or occupants <br />to enjoin the nuisance and to recover a fine of not less than two <br />hundred fifty dollars ($250.00) and not more than two thousand <br />five hundred dollars ($2,500.00) with each day of violation <br />constituting a separate offense. In determining the amount of <br />
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