(A) If, in the opinion of the City Manager, or in the case of a structure or building, in the opinion of the Building Official, there exists any condition on any premises within the city which is of such a nature as to be immediately dangerous to the public health, safety or welfare, or that constitutes an immediate threat of injury to any person or damage to property which, if not abated, would, during the pendency of the abatement procedures set forth in this chapter, subject the public or property to potential injury or harm of a serious nature, the condition may be abated by the city immediately without compliance with the provisions of this code.
(B) No summary abatement shall be undertaken unless the City Attorney or his or her authorized representative first approves it.
(C) The owner of the property that was the subject of the summary abatement shall be served with written notice, within two business days following the summary abatement action, of the right to request a post-deprivation hearing before the Board of Administrative Appeals or hearing officer as determined by the city provided such request is made within ten calendar days of the date of the notice of the summary abatement action. The notice of the summary abatement action and right to request a post- deprivation hearing within ten calendar days shall be served by one or more of the following means: by personal service or by regular first class mail, postage fully prepaid, to each property owner at the last known address of the property owner; or if, after diligent search, the owner of the property cannot be found, the notice shall be served by posting a copy thereof in a conspicuous location upon the property. Failure of the property owner to receive “actual” notice shall not affect the validity of the proceedings.
(D) The cost of the summary abatement, including all administrative costs of any action taken hereunder and reasonable attorneys’ fees, may be assessed against the subject premises as a special assessment lien or made a personal obligation of the owner as provided in this code.
(‘66 Code, § 5-1.314) (Ord. 118-C-S, passed 6-10-70; Am. Ord. 776-C-S, passed 4-12-90; Am. Ord. 1082-C-S, passed 11-28-06; Am. Ord. 2099-C- S, passed 3-10-15)