Second Pottstown crime meeting set for June 1st
SUBSECTION H:
Wherever there is reason to believe that a drug-related nuisance exists, the district attorney, the Attorney General, if requested by a district attorney, the solicitor for the county or municipality, a resident within 1,000 feet of the property, including a tenant of the property, the owner of property or any community-based organization may file an action in the court of common pleas to abate, enjoin and prevent the drug-related nuisance. Such actions shall be commenced by the filing of a complaint alleging the facts constituting the drug-related nuisance.
The community is asking these governmental entities to take responsiblily to guide residents in collecting and reporting evidence by working together.
We are asking the Montgomery County district attorney to take action, on behalf of residents, good tenants and community based organizations by filing complaints against the owners of drug-related nuisance properties.
(a) Adverse impact.–The complaint or an affidavit attached thereto shall describe the adverse impact associated with the drug nuisance upon the surrounding neighborhood. Adverse impact includes, without limitation, the presence of any one or more of the following conditions:
(1) Diminished property value.
(2) Increased fear of residents to walk through and in public areas, including sidewalks and streets, increased volume of vehicular and pedestrian traffic to and from the property.
(3) An increase in the number of ambulance or police calls to the property which are related to the use of drugs or to violence stemming from illegal activity.
(4) Increased noise, bothersome solicitors or approaches by persons wishing to sell drugs or solicit the donation of money on or near the property.
(5) The display of dangerous weapons on or near the property.
(6) The discharge of firearms on or near the property.
(7) Search warrants served on tenants or occupants of the property which resulted in the seizure of drugs.
(8) Investigative purchases of drugs on or near the property by law enforcement officers.
(9) Arrests of person on or near the property for violation of criminal laws.
(10) Housing code violations relating to the property.
(11) Health code violations relating to the property.
(12) Accumulated trash and refuse in common areas on or adjacent to the property.
(13) An unsecured entryway on the property.
Homeowners, good landlords and law abiding tenants in Ward One, at minimum, can attest that these 13 conditions exist in many rental properties surrouding our own properties. As more rental properties are purchased by absentee owners, other wards are seeing an increase in the conditions, listed in the statute.
(c) Additional remedies.–If the existence of a drug-related nuisance is found, the court shall have the power additionally to fashion any one or more of the following remedies:
(1) Assess costs of the action against the defendant.
(2) When a governmental agency is a plaintiff in the action, assess a civil penalty against the defendant of not less than $500 nor more than $10,000.
(3) Order the owner to clean up the property and make repairs upon the property.
(4) Suspend or revoke any business, professional, operational or liquor license.
(5) Order the owner to make additional reasonable expenditures upon the property, including, but not limited to, installing secure locks on doors, increasing lighting in common areas and using videotaped surveillance of the property and adjacent alleyways, sidewalks and parking lots.
(6) Order all rental income from the property to be placed in an escrow account with the court for up to 90 days or until the drug-related nuisance is abated.
(7) Order all rental income for the property transferred to a trustee, to be appointed by the court, who shall be empowered to use the rental income to make reasonable expenditures upon the property in order to abate the drug-related nuisance.
(8) Order the suspension of any State, city or local governmental subsidies payable to the owners of the property, such as tenant assistance payments to landlords, until the nuisance is abated.
(9) Allow the plaintiff to seal the property with the cost of sealing payable by the defendant.
(10) Order the defendant to pay the plaintiff the cost of the suit, including reasonable attorney fees.
(d) Factors to consider.–In making an order under subsection (c), the court shall consider, among others, the following factors:
(1) The number of people residing at the property.
(2) The proximity of the property to other residential structures.
(3) The number of times the property has been cited for housing code or health code violations.
(4) The number of times the owner has been notified of drug-related problems at the property.
(5) The extent and duration of the drug-related nuisance at the time of the order.
(6) Prior efforts or lack of effort by the defendant to abate the drug-related nuisance.
(7) The availability of alternative housing for tenants of the building.
(8) The extent of concern about the drug-related nuisance that has been expressed by nearby residents or visitors to the area.
(9) The owner’s involvement in the drug-related nuisance.
(10) The owner’s involvement in other drug-related nuisances.
The owners of drug nuisance properties must be held accountable for their neglect and the costs of their negligence to law abiding property owners.
DOING NOTHING SENDS THE WRONG MESSAGE TO THE COMMUNITY OF CONCERNED CITIZENS.
Scroll down to Subsection H
http://www.legis.state.pa.us/cfdocs/legis/LI/consCheck.cfm?txtType=HTM&ttl=42&div=0&chpt=83
June 1, 2015
7 PM
100 E. High St. – Borough Hall – 3rd Floor
