(A) If a nuisance is not completely abated by the date specified in a final order of abatement, the Director may immediately cause the same to be abated by city personnel or by persons under contract with the city. The Director is authorized to grant reasonable extensions of the time period for abatement provided in the order of abatement, based on a showing by the property owner of extenuating circumstances, provided that the application for extension is filed with the Director prior to the date the city abates the nuisance or enters into an agreement for such work. The owner of the property shall be liable to the city for all costs of such abatement.
(B) (1) Notwithstanding the provisions of division (A) above, if abatement of the nuisance requires the demolition of all or any portion of any building located on the property, before such demolition may be accomplished, each owner and each holder of a security interest in the property shall be given notice and an opportunity to remedy the nuisance by means other than demolition. The persons to whom notice shall be given shall be determined by a title report for the subject property which is not more than one month old. The notice shall be sent by registered or certified mail, and shall state:
(a) The address of the subject property;
(b) That a determination has been made that a building on the subject property constitutes a public nuisance;
(c) That abatement proceedings were commenced pursuant to this chapter and are now complete;
(d) That the nuisance has not been abated;
(e) That the city intends to abate the nuisance by demolition of all or a portion of the building; and
(f) That any person to whom an order of abatement has not previously been issued may, within 15 days from the date of the notice, file with the Director a request to stay the demolition, which request must be accompanied by a proposed schedule of performance for remediation of the nuisance and a statement that such person will enter into an agreement to effect such remediation in accord with such schedule.
(2) Upon receipt of a timely and complete request, the Director shall stay the proposed demolition for such reasonable period as is necessary to obtain from the person filing the timely request a written agreement, in a form approved by the City Attorney, pursuant to which such person shall perform the remediation. The Director may require as a condition of such agreement that such person post security in the form of cash, a bond, or a letter of credit to secure the performance of the remediation in accord with the schedule of performance.
(Ord. 1281, passed 3-1-06)