Chronic Nuisance Property Ordinance

Chronic Nuisance Property Ordinance FAQ

 

1. What is the purpose of this ordinance?

The ordinance is designed to address properties where repeated criminal activities occur. It provides the City of Oak Harbor with a process to work with property owners to correct these problems and, if necessary, take enforcement action to protect neighborhood safety and quality of life.


2. What is considered a “chronic nuisance property”?

A property may be declared a chronic nuisance property if it meets any of the following:

  • It has been the subject of two or more drug-related search warrants within a 12-month period;
  • It is abandoned and nuisance activities are occurring; or
  • It has four or more nuisance activities in 90 days, or eight or more in one year.

3. What counts as a “nuisance activity” under the ordinance?

Examples include:

  • Disorderly conduct, vandalism, or criminal mischief
  • Drug-related offenses
  • Prostitution or indecent exposure
  • Gang-related activity
  • Animal cruelty
  • Firearms or dangerous weapon offenses
  • Possession of stolen property

4. Who can be held responsible?

Both the property owner and the person in charge (such as a tenant, manager, or lessee) can be held responsible if they allow nuisance activities to continue or fail to cooperate with the City to abate them.


5. What happens if a property is suspected of being a chronic nuisance?

  1. The Chief of Police reviews documentation.
  2. The owner or person in charge will receive a written notice that the property is in danger of being declared a chronic nuisance; the notice will contain a description of the nuisance activities, offer an opportunity to correct or abate the activities, and describe potential penalties and fines.
  3. The person responsible will have 10 days to respond and create an abatement plan.

If the owner or responsible party doesn’t respond or fix the problem, the property may be formally declared a chronic nuisance property and legal action may be taken by the City.

6. What is an “abatement agreement”?

An abatement agreement is a written plan between the City and the property owner/manager that outlines:

  • The problems to be fixed,
  • The corrective actions that will be taken, and
  • A timeline for compliance.

Examples of corrective actions may include evicting tenants involved in illegal activity, issuing no-trespass orders, or improving security.

7. What happens if the person responsible for the property doesn’t cooperate?

If the person responsible:

  • Fails to respond to the warning,
  • Refuses to sign an abatement agreement, or
  • Doesn’t follow through on the agreement,

the case may be referred to the City Attorney. The City may file a court action to require compliance.


8. What penalties or actions can the court order?

If a court determines a property is a chronic nuisance property, it has discretion to impose a variety of penalties, including:

  • Imposing fines of up to $100 per day until the nuisance is resolved,
  • Ordering the property closed for up to one year,
  • Requiring the owner to pay relocation costs for innocent tenants,
  • Authorizing the City to secure or abate the property, and
  • Placing a lien on the property to recover costs.


9. Does this mean renters could lose their homes?

If a tenant is not responsible for the nuisance activities, the court may order relocation assistance. The ordinance is designed to hold responsible parties accountable, not punish innocent tenants.  In circumstances where the property owner is noncooperative with the City, tenants may reach out to the City, review their lease agreement, and/or contact legal counsel to ensure their rights are protected.


10. Will the City take immediate action to close properties?

Whenever a violation of a regulation causes a condition which constitutes an immediate and emergent threat to the public health, safety or welfare or to the environment, the city may summarily and without prior notice abate the condition.


11. What should property owners do to avoid violations?

  • Monitor your property and respond promptly to criminal activity or nuisance complaints.
  • Cooperate with police or City officials if contacted.
  • Screen tenants carefully and take action when problems arise.
  • Keep properties maintained and secure, especially if vacant or abandoned.


12. How does this help the community?

The ordinance promotes public safety, protects neighborhoods from repeat problem properties, and encourages collaboration between property owners, law enforcement, and residents.


13. Who can I contact for more information?

  • Oak Harbor Police Department – for questions about warnings or abatement plans.
  • Code Enforcement Division – for general questions about property maintenance or compliance.