(A) Administration. This subchapter shall be administered and enforced by the Code Enforcement Officer. In case of nuisances involving criminal violations, or violations of codes typically administered and enforced by the Police Department, this subchapter may also be administered and enforced by the Police Department.
(B) Finding of nuisance. If a Code Enforcement Officer finds that a nuisance exists, they shall attempt to have the responsible person abate the nuisance. Although the Code Enforcement Officer’s first step in correcting or abating the nuisance will always be to seek voluntary compliance, the Code Enforcement Officer may pursue any remedy or combination of remedies available pursuant to Ord. 13-23, contained herein, state law or common law in order to abate the nuisance. Nothing in this section shall be interpreted to prohibit the city from engaging in its standard prosecution practices. Therefore, the city may prosecute violators of city ordinances or state laws without first having to comply with the provisions of this subchapter, even though the activity or conduct prosecuted may also constitute a nuisance under this subchapter. Nothing in this subchapter shall be interpreted to prevent the city from enforcing applicable city ordinances or codes without first treating the offending conduct, situation, activity and the like as a nuisance pursuant to this subchapter.
(C) Repeated short-term nuisances. It is recognized by this subchapter that certain nuisances by their nature may occur for a short period of time such that at the time of contact with the responsible person by the Code Enforcement Officer, the nuisance may not be occurring or evident. In such cases, the Code Enforcement Officer shall document at least three such occurrences before initiating any action to abate the nuisance. Upon such documentation, the Code Enforcement Officer may proceed to abate the nuisance pursuant to the provisions of this subchapter, notwithstanding that the nuisance is not occurring or evident during the abatement process. In such case, the Code Enforcement Officer shall determine that a reasonable probability exists that the nuisance will continue to occur periodically if abatement is not pursued.
(D) Voluntary correction; contact. Before taking other steps to abate the nuisance, the Code Enforcement Officer shall make a reasonable attempt to secure voluntary correction or abatement of the nuisance by:
(1) Contacting the responsible person(s), where possible; and
(2) Explaining the nuisance.
(E) Non-voluntary correction.
(1) Enforcement. If the land owner or resident fails to correct or abate the nuisance, the Code Enforcement Officer may still abate the nuisance using one or more of the procedures set forth in this subchapter, state law or common law.
(2) Civil actions. Either the city or any private person directly affected by a nuisance may bring a civil action as allowed by law to abate or enjoin the nuisance, or for damages for causing or maintaining the nuisance (including the cost, if any, of cleaning the subject property).
(3) Criminal actions. Criminal actions may be initiated by criminal citation from the Code Enforcement Officer, Police Department or by long-form information.
(a) Any responsible person who maintains or assists in maintaining a nuisance is guilty of a Class C misdemeanor.
(b) If the alleged nuisance is also a violation of a provision of city code (other than this subchapter) or state law, the responsible person may be charged under the specific provision of city code or state law, even if the Code Enforcement Officer did not first attempt to obtain voluntary correction as provided in division (D) above.
(c) Any person who knowingly obstructs, impedes or interferes with the city or its agents, or with the responsible person, in the performance of duties imposed by this subchapter is guilty of a Class B misdemeanor.
(4) Abatement by eviction. Whenever there is reason to believe that a nuisance is kept, maintained, or exists in the city, the City Attorney or any citizen(s) residing in the city, or any person or entity doing business in the city, in his, her or their own names, may maintain an action in a court of competent jurisdiction to abate the nuisance and obtain an order for the automatic eviction of the tenant of the property harboring the nuisance. The eviction shall take place as specified in state law.
(5) Lien for costs. If a person fails to pay any fines or costs related to nuisance abatement when due, the city may record a lien on the property or premises of the full amount of the unpaid fines and costs.
(6) Non-exclusive remedies. The city may take any or all of the above-mentioned remedies (administrative, civil or criminal) to abate a nuisance and/or to punish any person or entity that creates, causes or allows, a nuisance to exist. The abatement of a nuisance does not prejudice the right of the city or any person to recover damages or penalties for its past existence.
(Prior Code, § 13.01.260) (Ord. 13-23, passed 11-21-2013)