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(1) No person shall organize, host or facilitate an unruly gathering. <br />(2) A person who violates subsection (1) of this section shall be subject to a <br />fine prescribed by subsection (1) of section 4.990 of this code. In <br />addition, a person who is convicted of violating subsection (1) of this <br />section for a second time, and for any additional time, within a twelve- <br />month period shall pay an administrative civil penalty in the amount of <br />response costs, regardless of whether the offense occurred at the same <br />or a different property, as provided in section 4.996 of this code. <br />(3) If an unruly gathering occurs at the same property more than three times <br />in a twelve-month period, the owner of the property shall be liable for <br />response costs for the fourth and any subsequent occurrence that <br />occurs within a twelve-month period of three other occurrences at the <br />same property. <br />(4) After an unruly gathering occurs at a private property, and after any <br />future occurrence of an unruly gathering at the same property, city staff <br />will notify the owner(s) of the property. The notice shall include a copy <br />of this ordinance and a description of the owner’s potential liability for <br />response costs under subsection (3) of this section. <br />(5) If a juvenile violates subsection (1) of this section or is the owner of the <br />property and the juvenile is or, but for the juvenile’s age would be, <br />responsible for payment of response costs under this section, the <br />person’s parent(s) or legal guardian(s) are responsible for response <br />costs. <br />(6) Financial liability under this section is joint and several. <br />(7) Appeals. <br />(a) If a civil penalty is imposed upon a property owner as provided in <br />subsection (3) of this section, and subsection (6) of section 4.996 <br />of this code, the property owner or property manager may appeal <br />the determination that a violation occurred or amount of the <br />penalty to the city manager in accordance with section 2.021 of this <br />code. <br />(b) In an appeal under this section, when determining to what extent, if <br />any, the owner should be responsible for response costs, the city <br />manager shall consider evidence of the following actions on the <br />part of the property owner to prevent or abate the nuisance, even if <br />unsuccessful: <br />1. On the first occurrence of an unruly gathering, the owner or <br />owner’s agent issued a written warning that future violations <br />may result in initiation of eviction proceedings. <br />2. On the second occurrence of an unruly gathering, the owner <br />or owner’s agent issued a written notice that termination of <br />the rental agreement will be initiated for the tenant(s) <br />responsible for any future unruly gatherings. <br />3. On the third occurrence of an unruly gathering, the owner or <br />owner’s agent initiated eviction proceedings against the <br />tenant(s) responsible for the unruly gathering. <br />4. Prior to the fourth occurrence of an unruly gathering, new <br />tenants replaced those who committed the previous <br />violations, and the owner or owner’s agent implemented <br />reasonable precautions to deter or prevent any additional <br />unruly gatherings. <br />Ordinance - Page 3 of 7 <br /> <br />