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prohibited conduct regardless of whether the City has taken action to abate the condition or <br />conduct and re ardless of whether the Cit has issued a citation for the violation. <br />(b) Public nuisance. Whenever prohibited conduct as defined in subsection {3-) a of this <br />section occurs in or upon a building, dwelling, establishment, premises or place, the City deems <br />the building, dwelling, establishment, premises or placets-e}ee~ed-to be a disorderly house and <br />eer~stita~es a public nuisance. <br />(c) Notice to abate. Whenever the South Bend Police Department or the Department of Code <br />Enforcement has probable cause to believe that prohibited conduct has occurred in or upon a <br />building, dwelling, establishment, premises or place, the City shall notify the 1<eeel~e}eeF owner of the <br />property <br />,and the <br />occupants of the property that the building, dwelling, establishment, premises or place is a <br />disorderly house and as such constitutes a public nuisance and that they must abate the public <br />nuisance <br />(d) Manner of serving notice. f~}etiee-The City shall ~e providee} notice to the ~eee~e~ owner <br />of the property, ,and the occupants of the <br />property in the manner provided by I.C. 36-7-9-25. Thew-City deems the owner of the <br />property, ,and the occupants of the property are <br />Beet responsible for any and all prohibited conduct occurring upon the premises after receipt <br />of the notice. <br />(e) Penalty and injunctive relief. Whenever prohibited conduct occurs upon a property after the <br />City has provided notice to abate the public nuisance, <br />the City may file an action in any court of general jurisdiction against the owner <br />and/or occupants to enjoin the nuisance and to recover a fine of not less than two hundred ate fifty <br />dollars ($250.00) and not more than two thousand five hundred dollars ($2,500.00) with each <br />of violation constituting a separate offense. , <br /> <br />SECTION II. This ordinance shall be in full force and effect from and after its passage by <br />the Common Council, and approval by the Mayor, and publication as required by law. <br />1 st READING 7' 2.3-~~ <br />PUBLIC HEAPING ~ ~3'Q ~ <br />3 rd READING ~- \Z -~~ <br />NOT APPROVED <br />REFERRED <br />PASSED O -~3 -~1 <br />Member of the Com <br />1~~ Clerk's ®ffic~ <br />~(~~. t ~ Zo~l <br />LOR~ITAJ. D91Dr~ <br />Crrr CLERK, ». E1~1~3C.6~r> <br />