From: feustel@netcom.com (David Feustel)
Subject: Re: Fort Wayne: Landlords Must Evict Drug-Dealing Tenants
Date: Thu, 27 Aug 92 00:20:06 GMT
Organization: DAFCO: OS/2 Software Support & Consulting

Appended to this post is the text of the proposed Fort Wayne
Ordinance. Note that what this ordinance really implements is a
requirement that a landlord evict (with attendent expense and risk of
legal retribution) tenants who are *suspected* of being involved with
illegal drugs. Failure to comply with this ordinance results in a fine
of $2500/day. 
I believe this ordinance tolls the end of three fundamental concepts of
common law: "innocent until proven guilty", "trial by jury" and "due
process".
====proposed ordinance====

This proposed ordinance will be discussed at the City Council Meeting on

September 8th, 1992 at the Fort Wayne City-County Building.



BILL NO. G-92-08-11



AN ORDINANCE of the Common Council of the City of Fort Wayne, Indiana

amending Chapter 18 of the Municipal Code fo the City of Fort Wayne by

adding a new Article II entitled "Real Estate which is Used For The

Illegal Use of Sale of Narcotics or Controlled Substances"



[Two paragraphs of boiler plate deleted]



NOW, THEREFORE, BE IT ORDAINED BY THE COMMON COUNCIL OF THE CITY OF

FORT WAYNE, INDIANA AS FOLLOWS:



Section 1. Chapter 18 of the Municipal Code of the City of Fort Wayne,

Indiana is hereby amended by adding thereto a new Article II "Real

Estate Which Is Used For the Illegal Use Or Sales Of Narcotics Or

Controlled Dangerous Substances", which shall read as follows:



Section 18-53. PURPOSE. The Common Council of the City of Fort

Wayne finds it to be in the best interests of the residents of the

City of Forty Wayne and the general public to provide for the

regulation of conduct it deems to be offensive, to prevent vice,

disorder and immorality; and to promote public peace, health and

saftety, and to this end, the Common Council enacts this section



18-54 PERMITTING THE USE OF REAL ESTATE FOR ILLICIT DRUG ACTIVITY.

No person who has legal or equitable ownership of real estate located

in the City of Fort Wayne shall knowingly allow that rel estate to be

used as a site for any use or sale of illicit narcotics or controlled

dangerous substances, after having received  written notice pursuant to

I.C. #36-7-9-25, from the City of Fort Wayne, or any department or

agency thereof, that a present occupant or tenant of that property has

been using or selling illicit narcotics or controlled dangerous

substances, or allowing the using or selling of illicit narcotics or

contolled dangerous substances at that property. Ai legal or equitable

owner of such real estate is deemed to have knowledge of such activity

upon receipt of notice set forth herein.



18-55. Notice is deemed to be given to the owner, upon receipt of

Notice as indicated above, by the owner of record pursuant to the

recoreds and files fo the Office of the Allen County Recorder's

Office.



18-56.  DISCRIMINATION FORBIDDEN. Nothing in this section shall be

construed to encourage or authorize the discrimination by lessors

against any person(s) based upon race, creed, religion, sex, age, or

national origin. Rather, it is the intent of this article to hold

persons accountable for acquiescing in or participating in the

countinued use of his/her property as the location of illegal drug

activity, after having received notice as set forth in Section 18-55

above.



18-57. CRITERIA FOR ESTABLISHING VIOLATIONS. The conviction for

violation of this article will be determined by the appropriate

judicial authority based upon the totality of the circumstances

present, including but not limited to: That the owner, having received

notice as set forth in Sections 18-54 and 18-55, of the following

activities:



Suspected illegal activites by tenants and/or their visitors on that

property as observed by the lessor,third parties such as other tenants

of the property, or persons residing or working in the vicinity of the

property, or City officials, and/or representatives of agencies and/or

departments of the City of Fort Wayne.



18-58. EVICTION PROCEEDINGS AS A DEFENSE. No person shall be charged

with the violation of this article if such person:



a) Has instituted eviction proceedings within thirty (30) days of

commencement of said proceedings.



b) Has completed said eviction proceedings within thirty (30) days of

commencement of said proceedings.



18-59. MULTIPLE UNIT DWELLINGS. In the case of a multiple unit

dwelling, the only person(s) necessary to name in an eviction

proceeding is the person occupying the actual unit involved with the

activity suspected and/or the person(s) suspected of the activity

described herein.



18-60. PENALTY. Whoever violates any provision of this section shall,

upon conviction thereof, be fined the sum of Two Thousand Five Hundred

Dollars ($2,500.00) and costs of prosecution. Each day a violation of

this article shall continue shall constitute a separate offense."



SECTION 2. This Ordinance shall be in full force and effect from and

after its passage bny the Common Council and approval by the Mayor and

proper legal publication.

-- 
Dave Feustel N9MYI <feustel@netcom.com>
 
( New .sig under construction. Watch this space! )