A. Nuisance Per Se: A nuisance per se shall be determined by the code enforcement officer. The officer shall issue a municipal infraction and take immediate steps to have the nuisance abated.
B. Other Categories: For all other categories of nuisances, upon reasonable suspicion that a nuisance exists, the code enforcement officer shall follow the following procedure:
1. Provide a notice to the owner and direct the nuisance to be abated within thirty (30) days.
2. If the nuisance continues, to schedule a hearing before the city council and to provide the owner with at least five (5) days' written notice of the hearing, the nature of the nuisance, and the opportunity of the owner to appear before the council and provide any relevant evidence on the question of nuisance.
3. At the council hearing, the council shall take evidence and make written findings that the nuisance either does or does not exist.
4. If a nuisance is found, the council shall direct the staff to take such action as is necessary to abate the nuisance, including, but not limited to, the filing of municipal infractions, contracting to abate the nuisance, and filing the costs of abatement as a lien on the property whereon the nuisance was abated.
5. The council need not find actual harm or damage to the public to find a nuisance; the reasonable potential for harm shall be sufficient for finding a nuisance exists. (2008 Code § 18-4)