(A) Complaint. Unless a violation under this chapter is determined unilaterally by the city, a citizen who believes that there is a violation under this chapter shall file with the Clerk-Treasurer a formal complaint of a violation. The complaint shall be in writing, upon a complaint form approved by the city, and signed by the complainant. The complaint shall include the name and contact information of the complainant, the property upon which there is believed to be a violation, a detailed description of the condition of the property believed to be in violation, a detailed proposed remedy of the situation, and any additional information and exhibits (such as pictures and the like) that may assist in a determination.
(B) Inspection of premises. When a complaint is made to the Clerk-Treasurer that a public nuisance exists or has existed within the city, the Clerk-Treasurer shall promptly notify the Building and Planning Director, who, along with the Chief of Police and the Workforce Manager, shall forthwith inspect or cause to be inspected the premises, and shall make a written report of their findings. Whenever practicable, the inspection officers shall cause photographs to be made of the premises and shall file the same in the office of the Clerk-Treasurer.
(C) Nuisance Review Board. A Nuisance Review Board, composed of the Mayor, Building and Planning Director, Chief of Police, Workforce Manager, and City Attorney, shall examine the report of the inspection officers. If the Nuisance Review Board determines that there is no violation, a letter of that determination shall be sent to the complainant. If the Nuisance Review Board determines that there may be a violation, a copy of the complaint shall then be sent by the Clerk-Treasurer to the property owner. The Committee may attempt to meet with the property owner in order to discuss the situation and attempt to arrive at a resolution thereof. If the Nuisance Review Board shall determine that a public nuisance exists on private property, and that there is a great and immediate danger to the public health, safety, peace, morals or decency, the Nuisance Review Board may direct the Chief of Police, or a police deputy, to serve a notice on the owner, or, if the owner cannot be found, on the occupant or person causing, permitting or maintaining such nuisance, and to post a copy of the notice on the premises. The notice shall direct the owner, occupant or person causing, permitting or maintaining the nuisance to abate or remove it within 48 hours, and shall state that unless the nuisance is so abated, the city will cause the same to be abated and will charge the cost thereof to the owner, occupant or person causing, permitting or maintaining the same, as the case may be. If the Nuisance Review Board shall determine that a public nuisance may exist on private property, and that there is not a great and immediate danger to the public health, safety, peace, morals or decency, then the Nuisance Review Board shall refer the issue to the Board of Public Works and Safety with a recommendation of proper action to be taken by the City.
(D) Board of Public Works and Safety. If the Nuisance Review Board has referred a matter to the Board of Public Works and Safety, the Board shall meet at either a regular or special meeting in order to discuss the matter and to take action thereon. The Board may invite the property owner and/or the complainant to the meeting in which the Board deliberates thereon. If the Board shall determine that a public nuisance exists on private property, and that there is a great and immediate danger to the public health, safety, peace, morals or decency that a public nuisance exists on private property, then the Board shall give notice of the violation to be served the owner or the occupant or person causing, permitting or maintaining the nuisance by certified mail, return receipt requested, or by posting a copy of the notice on the premises. The notice shall direct the owner, occupant or person causing, permitting or maintaining the nuisance to abate or remove it within a period of time designated by the Board, and shall state that unless the nuisance is so abated, the city will cause the same to be abated and will charge the cost thereof to the owner, occupant or person causing, permitting or maintaining the same, as the case may be.
(E) Abatement by city. If the nuisance is not abated within the time provided or if the owner, occupant or person causing the nuisance cannot be found, the Building and Planning Director and the Workforce Manager shall cause the abatement or removal of such public nuisance.
(F) Abatement by court action. If the Board of Public Works and Safety shall determine that a public nuisance exists on private premises, but that the nature of the nuisance is not such as to threaten great and immediate danger to the public health, safety, peace, morals or decency, and if the Board is unable to arrive at an agreement with the violating party in order to voluntarily abate the violation, then the Board shall cause an action to abate the nuisance to be commenced in the name of the city. The City Attorney may initiate an action to abate or enjoin such nuisances.
(Ord. 700, passed 1-22-18; Am. Ord. 706, passed 6-25-18)