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into the record to assure that the order would survive an <br />appeal to circuit court. The County Attorney's Office would <br />be responsible for drafting the, ordinance and staffing the <br />Board. <br />PHILOSOPHICAL ISSUES <br />A Drug Nuisance Abatement Board with the power to shut down <br />business for up to one year effectively transfers some of <br />the responsibility for combatting drug dealing to private <br />property owners. Repeated convictions for drug sales at the <br />same location are evidence of a public nuisance. The owner <br />can take steps to abate the nuisance when notified of its <br />existence. Those having a property interest have a duty to <br />use whatever legal means is available to see that the <br />property is not used for unlawful purposes. If a property <br />is shut down or if a business is shut down, the Drug <br />Nuisance Abatement Board could retain jurisdiction to lift <br />the order if the owner presented a showing of adequate <br />security measures in place for a reopening. <br />COST ISSUE <br />Besides the staff time from a number of agencies necessary <br />to bring a case to the point where an order of nuisance <br />abatement can be entered, there will be additional real <br />costs. Properties which are under a nuisance abatement <br />order should be posted as such, with citation to the statute <br />and a notice that any persons on the premises will be <br />considered to be trespassing since the business is closed. <br />The signs have a cost and vandalism is always a possibility, <br />but at that point, if people continue to deal drugs from the <br />premises, they may be arrested for trespassing which would <br />give probable cause for a search which might disclose the <br />possession of illegal drugs. The State Attorney's Office <br />feels that this would be a step forward in combatting the <br />drug dealing problem. <br />PRACTICAL ISSUES <br />The Code Enforcement Board presently has a very heavy <br />schedule. At its January meeting over 22 cases were on the <br />agenda. The meeting ran from 1:30 to after 5:00 with no <br />breaks. The additional responsibility to sit as a Drug <br />Nuisance Abatement Board may entail some delay in hearing <br />cases simply because of already lengthy agendas. <br />RECOMMENDATION <br />Authorize the County Attorney's Office to draft an ordinance <br />establishing the Code Enforcement Board as a Drug Nuisance <br />Abatement Board, which ordinance implements the <br />recommendations of the Committee report as set out above. <br />Commissioner Scurlock did not feel the Board should vote on <br />this item today. He had a number of concerns, the first being <br />that the vehicle we would use would be the Code Enforcement Board <br />which is already overtaxed. Secondly, he believed there is a <br />philosophical question in regard to putting the burden on a <br />business or property owner. People dealing in drugs are not <br />FEB 21 196d <br />27 Roos 1 b rgE187 <br />