Chapter 8.08
FEE FOR EXCESSIVE POLICE RESPONSES
Sections:
8.08.020 Fee for excessive police response.
8.08.030 Notice to liable persons.
8.08.040 Appropriate corrective action.
8.08.010 Definitions.
As used in this chapter:
“Commercial property” means an individual parcel, tract or lot shown on the most recent plat of record that is not a residential property.
“Commercial unit” means an area within a commercial property that is readily identifiable by visual inspection as an area used by a single business or commercial enterprise.
“Dwelling unit” means a structure or portion thereof providing independent and complete cooking, living, sleeping, and toilet facilities for a person or group of persons living as a single housekeeping unit.
“Excessive police response” means:
1. For a residential property, each police response in excess of five to a dwelling unit in a calendar year.
2. For a commercial property, each police response in excess of 25 to a commercial unit in a calendar year.
“Mobile home” means a detached single dwelling unit fabricated at a factory and capable of being transported to location of use on its own chassis and wheels, identified by a model number and serial number by its manufacturer, and designed primarily for placement on a nonpermanent foundation.
“Mobile home park” means any parcel or adjacent parcels of land in the same ownership which are managed for occupancy by more than two mobile homes. The term does not include tourist facilities for travel trailers or campers.
“Owner,” when used in reference to a property, means the record owner of the property as shown in the real property tax records of the municipality.
“Person” means any individual, or any business or nonbusiness association recognized by law, whether or not organized for profit.
“Police response” means one or more police officers goes to a property in response to a call for assistance, a complaint, an emergency, a potential emergency, or a reasonable suspicion of unlawful activity witnessed by a police officer, and any response determined by a sergeant or higher ranking police officer to be related to activities on the property premises and reasonably preventable; however, the term “police response” does not include a response to:
1. Receipt of false information as defined in AS 11.56.800, unless the false information was provided by an occupant or owner of the property;
2. A false alarm as defined in HMC 8.07.010, unless the false alarm was caused, permitted or allowed by an occupant or owner of the property in violation of HMC 8.07.020;
3. A call involving potential child neglect, potential domestic violence as defined in AS 18.66.990, or potential stalking under AS 11.41.260 or 11.41.270;
4. A report of a sexual assault as defined in AS 11.41.410 through 11.41.427;
5. A medical emergency for serious bodily injury or death;
6. A call from the tenant or owner of commercial property used as a retail store for police assistance with:
a. Theft or attempted theft from the retailer; or
b. A report of the presence or identification of a person under state or federal warrant; or
7. A call from the tenant or owner of commercial property used as a licensed premises under authorization of the Alcoholic Beverage Control Board, for police assistance with law enforcement matters including:
a. A minor seeking unlawful admittance or service;
b. An inebriated person seeking admittance or service;
c. A report of the presence or identification of a person under state or federal warrant; or
d. An inebriated person preparing to operate a motor vehicle upon leaving the premises.
“Residential property” means an individual parcel, tract or lot shown on the most recent plat of record containing one or more dwelling units, or a mobile home. (Ord. 11-02 § 4, 2011)
8.08.020 Fee for excessive police response.
A. Subject to subsection (B) of this section, the owner of a property and the tenant of a unit thereon shall jointly pay the City a fee, as set forth in the City of Houston Fee Schedule, per excessive police response to the dwelling unit or commercial unit during a calendar year.
B. A person is exempt from liability for the fee established by subsection (A) of this section if:
1. The person is a federal, state, or local government agency;
2. The property or unit responded to is used exclusively for nonprofit religious, charitable, cemetery, hospital, or educational purposes;
3. The municipality has not provided notice to the person in writing as provided in HMC 8.08.030; or
4. Any person has taken appropriate corrective action and given written notice to police of the action as required by HMC 8.08.040.
C. If a property has more than one owner, all owners shall be jointly liable, with the tenant, for any fee imposed under this section. Actual notice to one owner creates a rebuttable presumption of actual notice to all other owners.
D. For residential property owned as a condominium, a fee based on excessive police responses to a single dwelling unit shall be assessed against the owner of the dwelling unit, jointly with the tenant.
E. A tenant shall not be liable for the fee if the tenant’s conduct did not require the police response and the tenant’s right to possession commenced on a date subsequent to the date of the first police response that is counted for purposes of the fee imposed under this chapter.
F. If the unit requiring excessive police responses is a mobile home located in a mobile home park, the fee may not be imposed on the owner or operator of the mobile home park, unless the owner’s or operator’s conduct required the excessive police response. The fee may be imposed jointly on the owner and tenant of the mobile home.
G. If a sergeant or higher ranking official of the Police Department determines appropriate corrective action was taken with respect to a specific unit, the count of police responses to the unit shall reset to zero, effective the date of the determination. After resetting, all provisions in this chapter referring to a “calendar year” shall mean “remainder of the calendar year beginning from the date previous corrective action was taken.”
H. The fee may be collected in any lawful manner, including bringing an action in court for a personal judgment against any one or more of the persons liable.
I. An owner or tenant liable for a fee under this chapter may bring an action in court against a person whose conduct required the excessive police response to recover the amount of the fee and related costs. An owner or tenant shall not be granted any extension of time or continuance to pay the fee based on a pending action against a third party.
J. The City will provide a courtesy notice in writing to the owner or tenant of a commercial property or commercial unit when the total number of police responses exceeds 20 in a calendar year. Notice may be by mail and need not be certified. Failure to provide notice under this subsection shall not prevent the assessment of fees under this chapter. (Ord. 11-02 § 4, 2011)
8.08.030 Notice to liable persons.
A. The City may notify the owner and tenant of a property in writing when the number of police responses in the current calendar year to a single dwelling unit or commercial unit in a property equals the number in HMC 8.08.010 under “Excessive police responses” for that type of property.
B. A notice under this section shall be given in a manner reasonably calculated, under all the circumstances, to provide actual notice to the person of the potential liability for the fee. At a minimum, the notice shall be sent by certified mail, return receipt requested, to the mailing address of the person as shown on the municipality’s real property tax records. If the mailed notice is returned refused for signature by the recipient, actual notice shall be conclusively presumed on the date refused. If the mailed notice is returned unclaimed or undeliverable, the municipality shall accomplish notice by another method and attest to the date notice is accomplished by affidavit or in a police report. Notice may be accomplished by any lawful manner.
C. The notice addressed to an owner or tenant shall:
1. Identify the property that is the subject of the notice by street address and legal description, and, if the property has multiple units, identify the dwelling unit or commercial unit;
2. State the number of police responses in the calendar year to date and state additional police responses to the unit or property may result in imposition of fees under this chapter;
3. State the person shall be liable for a fee for each excessive police response to the property during the calendar year, unless, within 30 days, any person takes appropriate corrective action promptly and gives written notice to the Houston Police Department of the action taken;
4. State the amount of the fee per excessive police response; and
5. State the name and telephone number of a representative of the City of Houston to contact concerning the notice. (Ord. 11-02 § 4, 2011)
8.08.040 Appropriate corrective action.
A. An owner or tenant of a property shall have 30 days from the date notice is accomplished, as required under HMC 8.08.030, to promptly take appropriate corrective action. Appropriate corrective action is action reasonably expected to correct the cause of the police responses to the property. Police officers holding the rank of sergeant or higher are authorized to determine whether corrective action is appropriate under the circumstances. The officer’s determination shall be in writing and issued within five days of receipt of the person’s written notice of the action taken. Should the officer determine the action taken is not appropriate corrective action, the officer shall explain the reasons and the person shall have 10 days from the date of the determination to take appropriate corrective action. The 10-day extension shall be provided only once in a calendar year for each unit receiving excessive police responses. Examples of appropriate corrective action, subject to a police officer’s determination whether it is appropriate, may include, without limitation:
1. Written notice to quit under AS 09.45.100 through 09.45.110;
2. Eviction notice served on the tenant or lessee requiring vacation of the premises within 30 days or less;
3. Obtaining a restraining order, if appropriate;
4. Installation or implementation of new or additional security measures; or
5. Action recommended by the Houston Police Department in writing and implemented to the satisfaction of a police officer the rank of sergeant or higher.
B. Appropriate corrective action does not include:
1. Relocating a tenant or lessee of a unit to a different unit on the same property, unless a police officer the rank of sergeant or higher determines the relocation is appropriate. If a person is relocated, the City may transfer the number of police responses from the former unit to the new unit.
2. Communicating only orally with the person causing the police responses.
C. No fee may be imposed for additional police responses to the unit that is the subject of the notice during the 30-day period allowed under subsection (A) of this section if any person takes appropriate corrective action and gives written notice to the Houston Police Department of the action taken during the 30-day period. There is a conclusive presumption that appropriate corrective action was taken if there are no additional police responses to the property from the end of the 30-day period until the earlier of:
1. The end of the calendar year; or
2. Ninety days. (Ord. 11-02 § 4, 2011)
8.08.050 Lien on property.
A. A fee imposed under HMC 8.08.020 is a lien on the property to which there have been an excessive number of police responses.
B. The lien becomes effective upon the recording of a notice of the lien that:
1. Describes the property that is the subject of the lien;
2. States the amount of fees accrued at the time of recording;
3. States the total amount secured by the lien is calculated at the end of the applicable calendar year; and
4. States the lien has been recorded pursuant to this section.
C. When a notice of the lien has been recorded under subsection (B) of this section, the lien has priority over all other liens except:
1. Liens for property taxes, special assessments, and sales and use taxes;
2. Liens perfected before the recording of the lien under this section; and
3. Mechanics’ and materialmen’s liens for which claims of lien under AS 34.35.070 or notices of right to lien under AS 34.35.064 have been recorded before the recording of the lien under this section. (Ord. 11-02 § 4, 2011)
8.08.060 Appeal rights.
A person determined liable for fees for excessive police responses under this chapter may, within 30 days of receiving a notice of imposition of fees, apply for a hearing on the determination. The application shall be in writing and filed with the Chief of Police or his or her designee. The hearing shall be held within 15 days of receiving a timely application before the Chief of Police or his or her designee. The hearing shall be limited to the issue of whether the person is liable for each fee imposed under this chapter, as found by the Police Department. Within 30 days of the written decision of the Chief of Police, a person aggrieved by the decision may appeal to the superior court of the third judicial district in Palmer, in accordance with the Alaska Rules of Appellate Procedure. (Ord. 11-02 § 4, 2011)