Whenever it is determined by the Mayor, the Code Enforcement Officer, or his or her designee that a nuisance exists, either upon complaint of any citizen or upon its own initiative, it may proceed to cause the abatement of such nuisance in any one or more of the following ways.
(A) The Mayor, the Code Enforcement Officer, or his or her designee may cause the person causing such nuisance or the owner or occupant of the premises where the nuisance exists to be cited for violation of the pertinent provisions of this chapter or other ordinance.
(B) If the nuisance involves a matter or health and sanitation with respect to which the county Board of Health has jurisdiction, the nuisance may be referred to the local health officer for proceedings as provided by statute or pertinent health regulations.
(C) If the nuisance is one which is prohibited by statute, the person causing such nuisance or the owner or occupant of the premises where such nuisance exists may proceed against as provided by such statute.
(D) (1) The Mayor, the Code Enforcement Officer, or his or her designee may order the person causing the nuisance or permitting the same to continue, or may order the owner or occupant of the premises where such nuisance exists to abate such nuisance within a reasonable time. In determining such reasonable time, the Mayor or his or her designee shall take into consideration the degree of threat to the public health, safety, and welfare and the means required to abate such nuisance.
(2) The notice of abatement shall be served in writing personally or at the usual place of residence of the person cited or by certified mail. If the nuisance is not abated within the time specified in the notice, the person specified in the notice shall be given another notice in the manner provided above to appear before the Code Enforcement Board to show cause why such nuisance should not be abated.
(3) The hearing before the Code Enforcement Board shall be opened to the public, and the person served with notice may be represented by counsel. If the legislative body determines that a nuisance exists, it may order it to be abated either immediately or within such time as it may determine, and to that end, it may cause it to be abated by the city with the expense thereof being charged against the owner. The Code Enforcement Board may also order the Code Enforcement Officer or City Police to cite such person for violation of the pertinent provision of the code or ordinance involved.
(E) The legislative body may order the City Attorney bring a suit to enjoin continuance of the nuisance.
(1996 Code, 7-2.05)