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The various procedures for abating nuisances prescribed by this chapter and by other provisions of state law and ordinances shall be cumulative one to the other; the City Council may elect to follow any such procedure which is applicable in abating any particular nuisance.
1. Whenever it is practical to do so, the City Council has the power summarily to abate any such nuisance, after notice to the owner and opportunity to be heard, if this can be done.
2. Some nuisances are of such nature as to constitute a grave and immediate danger to the peace, health, safety, morals or welfare of one or more persons or the public generally, and it is recognized that, in such circumstances, the Mayor (or a representative) may be justified or required to take immediate and proper action summarily to abate such nuisances, or to reduce or suspend the danger, until more deliberate action can be taken toward such abatement.
3. The Fire Chief, the Chief of Police, the City Attorney, the Health Official, any Trustee, any resident of the city or any other officer subordinate to the City Council, may submit to said City Council, a statement as to the existence of a nuisance as defined by state law or the ordinances of the city, and a request or recommendation that it be abated.
4. The City Council shall determine whether or not the alleged nuisance is a nuisance in fact, and before proceeding to have the nuisance abated, said City Council shall give notice of a hearing on the proposed abatement to the owner of any property concerned and to any other person alleged or deemed responsible for, or to be causing, the nuisance, and an adequate opportunity to be heard, if such notice and opportunity for a hearing can be given. Such notice to the owner and other persons concerned shall be given in writing by mail or by service (by a police officer), if their names and addresses are known; if the names and addresses are not known, and the peace, health, safety, morals or welfare of the person, persons or public adversely affected would not be unduly jeopardized by the necessary delay, a notice of the hearing shall be published in a newspaper of general circulation within the city or county.
5. If the City Council finds that a nuisance does in fact exist, it shall direct the owner and/or other persons responsible for, or causing the nuisance, to abate it within a specified time if the peace, health, safety, morals or welfare of the person, persons or public adversely affected would not be unduly jeopardized by the consequent delay. If such peace, health, safety, morals or welfare would be unduly jeopardized by the consequent delay, or if the owner or other persons responsible for or causing the nuisance do not abate it within the specified time, the City Council shall direct the Mayor to abate the nuisance or have it abated, if summary abatement is practical.
6. The City Clerk shall send a statement of the cost of such summary abatement to the owner and/or other persons responsible for, or causing, the nuisance, as may be just under the circumstances, if their names and addresses are known. Until paid, such cost shall constitute a debt to the city, collectible as other debts of the city may be collected.
1. The Local or County Health Official shall have the authority to order, in writing, the owner or occupant of any private premises in the city to remove from such premises, within a reasonable length of time and at the owner’s expense, any source of filth, cause of sickness, condition conducive to the breeding of insects or rodents that might contribute to the transmission of disease or any other condition adversely affecting the public health; failure to do so shall constitute an offense. Such order shall be served on the owner or occupant (or agent) of the premises by the Local or County Health Official, or a police officer. If the premises are unoccupied and the residence of the owner, occupant or agent, if unknown, is without the state, the order may be served by posting a copy thereof on the premises or by publication in at least one issue of a newspaper having a general circulation in the city or county.
2. If the order is not complied with, the Health Official may cause the order to be executed, and the cost thereof shall be certified to the City Clerk; the cost of abating such nuisance shall be added to the municipal utility bill of the owner or occupant (if a user of any municipal utility service) and shall become due and payable and be subject to the same regulations relating to delinquency in payment as the utility bill itself. If such owner or occupant is not a user of any municipal utility service, such costs, after certification to the City Clerk, may be collected in any manner in which any other debt due the city may be collected.
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