§ 122-4. Presumption of public nuisance.

A. 

The following shall constitute a presumption of a public nuisance:

(1) 

Notice by first-class mail or personal service, from the City of Oneida, of the activities entailing a public nuisance to the owner, operator, manager or tenant of premises shall be prima facie evidence of knowledge of a public nuisance.

(2) 

The existence of two or more criminal convictions for any of the activities set forth in the definition of a public nuisance in § 122-2 at any premises within the two-year period prior to the commencement of a civil action and/or administrative hearing shall be prima facie evidence of the existence of a public nuisance.

(3) 

The existence of two or more incidents of the following activities at any premises within the one-year period prior to the commencement of a civil action and/or administrative hearing shall be prima facie evidence of the existence of a public nuisance:

(a) 

Service of a search warrant on the premises where controlled substances, marijuana and/or weapons are seized.

(b) 

Finding of illegal controlled substances or illegal firearms or weapons on the premises.

(c) 

Investigative purchases of illegal controlled substances on the premises by law enforcement agencies or their agents.

B. 

Once there exists the presumption of a public nuisance, as set forth in Subsection A above, the City shall serve, by means of first-class mail or personal service, written notice upon the owner, as set forth in the last filed tax roll, advising of such presumption. Such notice shall set forth the alleged facts constituting the public nuisance and shall inform the owner of the City's intent to pursue action under either § 122-5 or 122-11.

C. 

Upon notification from the City of Oneida of the presumption of a public nuisance, as set forth in Subsection B above, good faith efforts, commenced by the owner in a timely manner to eradicate such public nuisance, shall preclude further enforcement action by the City of Oneida, unless and until such good faith efforts cease or activities constituting a public nuisance resume. In the event an owner's good faith efforts cease or public nuisance activity resumes, the City of Oneida shall notify the owner, in the manner set forth in Subsection B above, of its intent to proceed under either § 122-5 or 122-11.