(A) When any law enforcement officer or other City official authorized by the City Administrator determines that a nuisance exists, such law enforcement officer or authorized official may give written notice to the persons responsible.
(B) The notice shall be given to:
(1) The owner of the premises on which the nuisance is alleged to exist;
(2) The person in apparent possession or control of the premises; and
(3) The person who caused the nuisance. Failure of notice to one person does not affect the responsibility of any other person who is notified.
(C) The notice shall direct the person notified to abate the nuisance within ten days of the time the notice is sent or posted on the premises. A longer notice period may also be given. The notice shall also inform the person notified of his or her right to judicial review under this chapter.
(D) If a person is dissatisfied with the notice to abate, such person may request judicial review by making a request to the City court for judicial review within ten days of the time the notice to abate is sent or posted. The request need not be in any particular form, except that it must:
(1) Be in writing;
(2) Identify the place and nature of the alleged nuisance;
(3) Specify the name and address of the person seeking judicial review; and
(4) Identify the law enforcement officer or other City official alleging that a nuisance exists. A copy of this notice shall be delivered to the law enforcement officer or other City official alleging that a nuisance exists.
(E) The judicial review shall be held on the first court day following after the request for judicial review is made, or on the second court day after the request for judicial review is made if the first court day is less than five days from the date upon which the request for judicial review is made. The day may be postponed by:
(1) Agreement of the parties; or
(2) Order of the court for good cause.
(F) The court shall promptly notify:
(1) The person requesting the review; and
(2) The law enforcement officer or other City official alleging the existence of a nuisance.
(G) At the judicial review, the court shall determine, based on a preponderance of the evidence, whether a nuisance exists. If a nuisance exists, the court shall order the responsible person to abate it within 72 hours or within such longer time as the court determines, for good cause, should be given. If the court finds there is no nuisance, it shall dismiss the matter.
(H) Any person who is directed by a law enforcement officer or other authorized City official to abate a nuisance and does not seek judicial review within the proper time thereby waives any further hearing or judicial determination of the issue.
(I) If a person is directed by a law enforcement officer or other authorized City official to abate a nuisance and neither requests judicial review within the proper time nor abates the nuisance, or if the person fails to abate the nuisance within 72 hours (or such further time allowed) when ordered to do so by the court, then the City may abate the nuisance.
(J) There shall be no liability to the City for the abatement unless the City acts in bad faith or causes manifestly unreasonable and unnecessary damage in the abatement.
(K) In case of an apparent emergency, abatement may be made in a summary manner without notice. In such case, however, the person aggrieved may request judicial review of the abatement. In such judicial review, the abatement shall be upheld if conducted without violation of division (J) above and if there was substantial evidence of the emergency and the nuisance at the time it was abated.
(L) The City reserves the right to abate any nuisance impeding or blocking public rights-of-way, or City infrastructure, or public/private utilities, without notice and at the City’s expense, if said nuisance is an immediate hazard or may cause serious injury to the public.
(Ord. 652, passed 4-4-2018)