(A) Nuisance and abatement order. Upon a finding that a respondent committed a civil infraction, the Court shall declare the civil infraction to be a nuisance, and if the violation still exists, the court shall order the respondent to abate, correct or otherwise remedy the nuisance. In the event the respondent fails to so abate or remedy the nuisance within the time provided for in the Court's order, the Officer, without further proceedings, may take any action the Officer deems to be reasonably necessary to abate or remedy the nuisance in compliance with the Court's order, or the Officer may seek a contempt order from Court against respondent for failing to comply with the Court's order.
(B) Summary abatement by the city in emergency situations. With or without the respondent first having appeared, the Officer may seek, and the court may order, the summary abatement of the activity alleged in the civil infraction citation upon a finding that:
(1) An imminent and substantial threat to the public health, safety or welfare exists by virtue of the alleged action or inaction; and
(2) Immediate abatement of the activity or nuisance is necessary to prevent a threatened harm to the public health, safety or welfare.
(C) Upon the issuance of a summary abatement order under this section, the Officer may, without further notice or proceedings, take whatever steps are necessary to abate, correct or remedy the nuisance that is the basis for the citation. The city may seek cost recovery against the respondent(s) for all of the Officer's expenses incurred in undertaking a summary abatement action.
(D) Recovery of the city's enforcement prosecution and abatement costs. Following entry of an order against a respondent under this chapter, the city may petition the Court to recover from respondent(s) all of its reasonable costs associated with bringing and prosecuting a civil enforcement action under this chapter and for any abatement action that may be necessary if the respondent(s) fail to abate the violation. Reasonable costs include the city's attorney, administrative and staff time, inspection costs, contractor costs, materials and equipment, service and administrative expenses, the cost of work to demolish, remove, correct or otherwise abate the nuisance, and any associated disposal costs. The city shall file with the court and serve on respondent(s) a sworn statement of its costs incurred in the action. The Court shall review the sworn statement and any objections thereto, and shall issue an order awarding the city its reasonable costs incurred in the enforcement and abatement action, payable by the respondent(s). Any such award of costs pursuant to this chapter shall accrue interest at the rate of 9% per year until paid and may be recorded as a municipal assessment lien and foreclosed as provided in § 37.09.
(Ord. 2014-05-02, passed 5-13-2014)