The abatement of conditions which constitute a public nuisance, or otherwise prohibited by this subchapter, shall be accomplished under the provisions of this section.
(A) All complaints shall be filed with the Chief of Police or his/her designee. The Chief of Police, or his/her designee, shall then be responsible for initiating abatement proceedings.
(B) When the City of Boulder receives a written, signed, complaint by two or more people that a condition of community decay exists, the Chief of Police, or his/her designee, shall inspect the property alleged to be in violation of this subchapter to determine whether there is a violation of this subchapter.
(C) If it is determined that a violation as complained does exist, the same shall be referred to the City Council for determination whether any enforcement is necessary. If the Council determines that enforcement is necessary, the Chief of Police or his/her designee shall notify the owner of the property in writing of the violation by mail notice or personal service and order its abatement within thirty (30) days. The notice of violation shall:
(1) Be sent by first class mail with post prepaid to property owner's last known address, or personal service upon the property owner.
(2) Include a statement specifically describing the violation;
(3) Specify that the owner has ten days from receipt of such notice to bring the property into compliance with this Ordinance by means or removal or shielding of the conditions;
(4) Advise the owner that if the violation is not abated, the City may undertake abatement and assess the costs of that abatement to the owner; and
(5) Be signed by the Chief of Police.
(D) (1) The owner may, after receipt of the notice of violation, submit a plan of abatement which shall include:
(a) The type of abatement to be undertaken, which may include shielding as set forth herein;
(b) The date for commencement of action; and,
(c) The date for completion of the abatement.
(2) The Chief of Police, or his/her designee, may accept such plan and defer further proceedings under this subchapter pending the date of completion of the abatement.
(E) In the alternative, the Owner may, as an agenda item duly included in the next regularly scheduled meeting of the City Council, appeal the abatement. If Owner makes no such request, then all right to appeal expires. At such agenda item, if any, the Council shall hear the appeal, and thereafter, may either:
(1) Determine that a violation exists and order abatement within 30 days of the date of the original notice, unless adjusted by the Council; or,
(2) Determine that no violation exists and dismiss the proceedings.
(F) In the event that the owner fails to comply with an abatement order, either with or without appeal, the Chief of Police, and/or his/her agent(s) may enter upon the owner's property with the specific purpose of abating or shielding the violation, whichever the Chief of Police deems appropriate.
(1) The City may assess the property owner/user for the actual costs of the abatement.
(2) If the assessment is not paid, it shall become a lien upon the property and enforced as nonpayment of property taxes.
(G) if, in the opinion of the Chief of Police, or his/her designee, the nuisance is of such nature or character that immediate abatement is necessary to avoid a serious potential for physical injury, the abatement may be undertaken by the City and the Owner shall receive a certified bill of the costs associated thereto, upon which appeal as earlier stated shall lie.
(Ord. 2020-01, passed 6-15-2020)