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requires a "preponderance of the evidence" where as the <br /> states criminal requires "beyond a reasonable doubt". He <br /> stated that an "eviction package" is being prepared which <br /> would include materials addressing immediate possession. He <br /> noted that often times premises are damaged extensively. He <br /> further noted that he had been in contact with the City <br /> Attorney from Portland, Oregon and that to date not <br /> retaliation has been taken against landlords in that City. <br /> Mr. David Fritz spoke in favor of the Bill. He noted that <br /> the near Northwest Neighborhood Association at their meeting <br /> of August 6 recommended that three possible amendments be <br /> considered by the Council. The first was to reduce the time <br /> period from thirty (30) days to ten (10) to (15) days. The <br /> second was to increase the fines to a minimum of $500.00; <br /> and lastly that if evidence was gathered by the Police <br /> Department that it would be mandatory for Public Officials <br /> to follow through with the prosecution. <br /> Barbara Gato stated that she believes that the ordinance is <br /> consistent with Federal and State Law. She noted that the <br /> role of landlords in the drug area requires them to take <br /> action when they are aware if such situations. She stressed <br /> that "it is not ok for landlords to make a profit from drug <br /> dealing. " <br /> Bob Wilson a landlord of three rental units that he <br /> questions the process. He stated that he would want <br /> protection because he believes that the ordinance would put <br /> the landlords in a "trick bag". <br /> Council Member Luecke stated that most landlords do a good <br /> job of screening perspective tenants. The City of South <br /> Bend would assist landlords by providing evidence and police <br /> protection. <br /> Mr. Jeff Jankowski stated that immediate possession hearings <br /> required the Court to take action within ten (10) days of <br /> service of process. <br /> Council President Niezgodski questioned the procedure for <br /> reporting activity. Chief Marciniak stated that <br /> investigations would be ongoing. Council Member Puzzello <br /> questioned the investigative process as well as the <br /> conviction process. It was noted that the city would not <br /> maintain a list of tenants since such a list would be for <br /> discrimination purposes. Mr. Jankowski noted however that <br /> landlords could go to the Small Claims Court to find out <br /> which tenants had immediate possession actions taken against <br /> them. <br /> Council Member Slavinskas noted that the ordinance requires <br /> mandatory action by the landlords. He noted that currant <br /> state law provides criminal sanctions for maintaining a <br />