(A) There shall be an investigation of any complaint made to the Director to determine if there is a pigeon nuisance. In addition the Director may initiate an investigation to determine if a pigeon nuisance exists when there has been no complaint.
(B) The Director shall determine if a pigeon nuisance exists.
(C) The Director shall attempt to meet with the property owner and any person on the property who appears to be a responsible party to notify them that a pigeon nuisance has been determined to exist. The goal of the meeting shall be to enter into a written abatement agreement with the City of Albuquerque wherein the responsible party agrees to take specific steps to pigeon-proof the property.
(D) An abatement agreement may provide for the use of any pigeon-proofing method agreed upon by the Director and the responsible party. If pigeon-proofing involves the removal of accumulations of pigeon excrement, nesting materials, pigeon carcasses or other pigeon related detritus, the method selected for such removal shall protect human health and ensure that ground water, surface water and real property are not contaminated by the waste.
(E) If the Director determines that the responsible party is in violation of § 9-18-4 ROA 1994 herein and is unwilling to comply with this article, or if the responsible party fails to act on or complete the terms and conditions agreed to in an abatement agreement by the time set forth in the agreement, the Director may proceed to seek the penalties provided in § 1-1-99 ROA 1994.
(Ord. 16-2011)