Fayette Nuisance Parties: Residential Rental Properties ordinance (§ 210.1150)

A. The City seeks the cooperation of residential landlords in eliminating nuisance parties held by their tenants.

B. Initial Nuisance Party. Within ten (10) days after a plea of guilty or conviction of a person at a nuisance party violation under this Article, which occurred on property of the owner and tenant, the Police Department shall send the owner and tenants of the unit hosting the gathering, by certified mail, a notice of nuisance party ordinance violation. The notice shall set forth the date, place and nature of the violation and urge the property owners and tenants to take action to prevent future nuisance parties on the property. If notice cannot be given to a party by certified mail, notice shall be given by first class mail and by posting a copy of the notice in a conspicuous place on the dwelling.

C. Subsequent Nuisance Party — Compliance Meeting. If a subsequent plea of guilty or conviction of a nuisance party violation under this Article occur at the same unit within a 12-month period, the Police Department shall send the property owner and tenants another notice of nuisance party violation within ten (10) days. Notice shall be sent in the same manner as Subsection (B). The notice shall schedule a nuisance party ordinance compliance meeting. The compliance meeting shall be attended by a Police Department representative, by the property owner or the owner's agent and by the tenants responsible for the nuisance party. The purpose of the compliance meeting is to reach agreement on corrective action necessary to avoid future nuisance parties on the property. Possible corrective actions shall include, but not be limited to:

1. An agreement by tenants to impose limits on social gatherings such as restrictions on the number of guests, time, music, consumption of alcoholic beverages, etc.

2. An agreement by the property owner not to renew the lease or to initiate an eviction action if further nuisance parties are held on the property.

D. Owner's Failure To Prevent A Third Nuisance Party. It shall be unlawful for the owner of any residential rental property to fail to prevent a nuisance party within twelve (12) months of a nuisance party that triggered a compliance meeting under Subsection (C). An owner of residential property shall not be prosecuted for a violation of this Subsection unless at least one (1) person was charged with a violation of Sections 210.1130 or 210.1140.

1. Affirmative Defense. It shall be an affirmative defense to a charge of violating Section 210.1150(D) that the property owner has evicted or is diligently attempting to evict all tenants and occupants of the property who were responsible for the nuisance parties.