(A) Resolution and notice.
(1) When any lot, building or structure within the city, because of an accumulation of refuse or debris, the uncontrolled growing of noxious weeds, the age or dilapidation of structure, or when any other circumstance, condition or happening becomes in the opinion of the Council a public hazard or nuisance, which is dangerous to the health, safety or welfare of the inhabitants of the city or those residing or habitually going near the lot, building or structure, the Council may by resolution, after investigation, determine that a hazard or nuisance exists.
(2) The Council shall prescribe a form of notice and direct the Clerk/Treasurer to give the notice by publication or by first class mail, addressed to the last known address of the owner of the land upon which the nuisance exists or to the owner of the building or structure itself, to abate the nuisance or remove the hazard. In the case of the removal of weeds, or snow, or ice, no notice shall be necessary.
(B) Contents of notice. The notice to abate or remove the hazard or nuisance shall specify the nature of the hazard or nuisance and describe the property on which the same is located and require the owner to abate or remove the hazard or nuisance promptly and shall designate a time within which the same shall be abated or removed which shall be commensurate with the nature of the hazard or nuisance.
(C) Removal by city. If at the expiration of the time limit specified in the notice to remove or to abate a hazard or nuisance, the owner has not complied with the requirements thereof, or in any case where the owner of the land or of the building or structure itself is not known, the Council may, by resolution, order the hazard removed or nuisance abated under the direction of the City Manager by the proper department or agency of the city, or may do the work by contract or by hire.
(D) City Manager’s duties. The City Manager shall take all steps necessary to carry out the directions of the Council in removing a hazard or abating a nuisance. He or she shall keep or cause to be kept an accurate record of all expense in connection therewith. Upon completion of the work to be performed, he or she shall submit a report of the work done and all expenses in connection therewith to the Council.
(E) Assessment of costs.
(1) The Council shall, by resolution, after examination of the City Manager’s report, determine what amount or part of each expense shall be charged and the person, if known, against whom, and the premises upon which the same shall be levied as a special assessment.
(2) By the resolution the Council shall determine the number of installments in which the assessment may be paid; determine the rate of interest to be charged on installments, not to exceed 6% per annum; designate the district or land and premises upon which special assessments shall be levied; direct the Assessor to prepare a special assessment roll in accordance with the Council’s determination; and designate the name by which the assessment roll shall be known and referred to.
(3) As often as the Council shall deem it expedient, notice of all of the several amounts so reported and determined shall be given by the Clerk/Treasurer either by first class mail sent to the last known address of the owner as shown on the assessment roll of the city, or by publication.
(F) Special assessment roll. The Assessor shall thereupon prepare a special assessment roll including all lots and parcels of land within the special assessment district designated by the Council and shall assess to each lot or parcel of land sums as may have been directed by the Council.
(G) Certificate of assessor. When the Assessor shall have completed the assessment roll, he or she shall attach thereto and endorse thereon, his or her certificate to the effect that the roll has been made by him or her pursuant to a resolution of the Council (giving date of adoption of same) and that in making the assessments therein, he or she has as near as may be, according to his or her best judgment, conformed in all respects to the directions contained in the resolution and the Charter and the provisions of this chapter. Thereupon, he or she shall file the special assessment roll with the Clerk/Treasurer, who shall forthwith give notice as has been required by the Council.
(H) Notice of hearing on roll. Upon receipt of the special assessment roll, the Clerk/Treasurer shall give notice as has been directed by the Council, which notice shall state the basis of the assessment, the amount thereof, describe the property affected thereby and give a reasonable time, which shall not be less than 30 days, in which a hearing may be had thereon or payment made.
(I) Hearing on objections. In the event payment is not made within the time specified in the resolution and notice, the Council shall meet at the time and place provided and hear any objections to the roll as prepared.
(J) Corrections and changes. The Council may correct the roll as to any assessment or description of any lot or parcel of land or other errors appearing therein. Any changes made in the roll shall be noted in the Council minutes.
(K) Confirmation of roll. After the hearing the Council shall confirm the special assessment roll with corrections as may have been made and the Clerk/Treasurer shall endorse the date of confirmation thereon and upon confirmation the roll shall be final and conclusive.
(Ord. 54, passed 12-3-1953; Ord. 182, § 1, passed 2-13-2012)