<div class="chunk-title">Sec. 12-189. - Owner responsibility for noise violations.</div>
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               (a)
               
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               No property owner shall allow a noise-related nuisance or health or safety hazard
               to be created or maintained by or on account of tenants of the property owner. For
               purposes of this section, a noise-related nuisance or health or safety hazard shall
               be deemed to exist when a tenant or group of tenants at a specific location receives
               a third citation for a noise ordinance violation pursuant to this article. A property
               owner may be held liable for the costs of abating the nuisance or remedying the health
               or safety hazard only if the property owner has been notified in writing of the first
               two ordinance violations. A property owner shall be liable for the costs of abating
               the nuisance or remedying the health or safety hazard upon the third and any subsequent
               action by the same tenant at a specific location, provided the third violation occurs
               at least 15 days from the date of actual receipt of notice of the second violation.
               It shall be a complete defense to a citation under this subsection if the owner of
               the real property involved can prove that the property owner is actively pursuing
               an eviction process according to law, and that the eviction process was begun prior
               to the date of the third or any subsequent violation by the same tenant at a specific
               location.
               
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               (b)
               
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               Owners, property managers, agents, management companies, employees of the owner, property
               manager, agent or management companies, and their family members shall be responsible
               and liable for any violations of this article by tenants, guests, or licensees on
               the premises if the owners, property managers, agents, management companies, employees
               of the owner, property manager, agent or management companies, or their family members
               are present at the time of the violation.
               
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               (c)
               
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               Notice of any previous violations pursuant to this section shall be affected by registered
               or certified mail and by regular mail sent concurrently. Alternately, notice may be
               affected by personal hand delivery and acknowledgement of receipt by the owner or
               agent of the owner. If the certified or registered notification is returned, but the
               regular mail notification is not returned, it will be presumed the addressee received
               the notification. The burden shall be on the addressee to establish that such notification
               was not received.
               
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            <p class="historynote0">
               (Ord. No. 2008-2, Â§ 10, 5-14-2008)
               
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