If the City Commission determines by resolution that any real property is a public nuisance according to the provisions of this Chapter, and after giving due consideration to the actions taken by the owner to prevent or abate the specified incidents or conditions, it may order abatement of the public nuisance in addition to any other remedies available at law or in equity. The order of abatement can be entered at the public evidentiary hearing on the alleged public nuisance, or at a later hearing noticed out in the same manner as the public evidentiary hearing. The City Commission may receive additional evidence on the issue of abatement.
(A) If it is determined that all or a portion of the real property should be vacated to abate the public nuisance, the City Commission shall order the real property vacated and declare occupancy of all or a portion of the real property prohibited, which shall authorize the Police Chief to prohibit occupancy by padlocking, boarding, or otherwise securing the real property, for up to one year as determined by the City Commission based upon the evidence.
(B) The City Commission may determine and order that the owner shall be liable for the full cost of materials and personnel, including City employees and contractors, utilized in padlocking, boarding or securing the real property, and subsequent or remedial actions required to keep the real property vacant for the abatement period.
(C) The City Commission may order the costs assessed against the real property and collected as taxes.
(D) The City Commission may revoke the housing maintenance certificate for any real property determined to be a public nuisance, and the real property shall not be occupied by a tenant until a housing maintenance certificate has been requested and issued according to § 151.20.
(E) Where only a discrete area of the real property is involved in the illegal activity giving rise to the declaration of a public nuisance, the City Commission shall not order any other part of the real property vacated. By the way of example, if only a single apartment in a multiple unit structure is the site of the incidents or conditions specified in this Chapter, then the City Commission shall vacate the single apartment, and not the entire structure.
(Ord. 483-8-01, passed 8-6-01; Am. Ord. 567-06-06, passed 6-5-06; Am. Ord. 815-06-24, passed 6-17-24)