(A) Abatement by city. If the owner, occupant, or other responsible party does not comply with the notice within the time specified, the city may abate the public nuisance.
(B) Notice and Hearing. The following notification must be conducted prior to city abatement of the public nuisance. Whenever it is determined that a public nuisance is being maintained or exists on a property, the Manager or authorized designee must give ten day's written notice through service by mail, by posting a notice on the property, or by personal delivery to the owner of or person in control of the property on which the public nuisance is located. When the property is occupied, service upon the occupant is deemed service upon the owner. Where the property is unoccupied or abandoned, service may be by mail to the last known owner of record of the property or by posting on the property. The notice must state:
(1) A description of the public nuisance;
(2) That the public nuisance must be corrected within ten days of the service of the notice;
(3) That if the public nuisance is not properly removed or corrected as ordered, the public nuisance will be abated by the city and the costs of abatement will be specially assessed to the property taxes;
(4) That the owner of or person in control of the property on which the public nuisance is located may in writing request a hearing before the City Manager or authorized designee.
(C) Hearing, action. If a hearing is requested during the ten-day period, the City Manager or authorized designee must promptly schedule the hearing, and no further action on the abatement of the public nuisance may be taken until the manager's decision is rendered. At the conclusion of the scheduled hearing, the manager or authorized designee may cancel the notice to remove or correct the public nuisance, modify the notice, or affirm the notice to remove or correct the public nuisance. If the notice is modified or affirmed, the public nuisance must be disposed of in accordance with the city's written order.
(D) Summary abatement. The enforcing officer may provide for abating a public nuisance without following the procedure required in division (B) when:
(1) There is an immediate threat to the public health or safety;
(2) There is an immediate threat of serious property damage;
(3) A public nuisance has been caused by private parties on public property; or
(4) Any other condition exists that violates state or local law and that is a public health or safety hazard.
A reasonable attempt must be made to notify the owner, occupant, or other responsible party of the intended action and the right to appeal the abatement and cost recovery at the next regularly scheduled City Council meeting.
(E) Cost recovery. The owner of property on which a nuisance has been abated by the city, or a person who has caused a public nuisance on property not owned by that person, is personally liable to the city for the cost of the abatement, including administrative costs. As soon as the work has been completed and the cost determined, an appropriate official will prepare a bill for the cost and mail it to the owner or other responsible party. The amount is immediately due and payable to the city.
(F) Assessment. If the cost, or any portion of it, has not been paid within 30 days after the date of the bill, the council may certify the unpaid cost against the property to which the cost is attributable in accordance with the process set forth in § 94.07 of this Code.
(Ord. 2002-972, passed 5-13-02)