(A) Notice.
(1) Upon determination by the City Administrator, or designee, that a nuisance exists, the Administrator, or designee, shall issue a warning citation to the owner or person in charge of the property. The warning citation shall be personally served or mailed by certified mail with a return receipt requested.
(2) Such warning citation shall include the following information:
(a) A description of the real property, by street address or otherwise, on which such nuisance exists;
(b) A description of the conditions comprising the nuisance;
(c) A direction to abate the nuisance within 14 days from the date of the warning citation; and
(d) A statement that unless the conditions comprising the nuisance are removed or corrected, the owner or person in charge will be cited into Municipal Court for the violation.
(3) Fourteen days after the issuance of the warning citation, the City Administrator or designee shall inspect the premises to determine if the owner or person in charge of the property has abated the conditions comprising the nuisance, and if not abated, the City Administrator or designee may issue a citation to the owner or person in charge of the property to appear in the Municipal Court at the next available date. The citation shall be personally served or mailed by certified mail with a return receipt requested.
(4) In addition to the citation issued under this section, the City Administrator or designee shall cause a notice to be posted on the premises, or on the public right-of-way abutting the premises where the condition exists, stating the condition comprising the nuisance and the date and time that the owner or person in charge is to appear in Municipal Court.
(B) Summary abatement. The procedure provided by this chapter is not exclusive but is in addition to procedures provided by other ordinances; and the Health Officer, the Chief of the Fire Department or Chief of Police may proceed summarily to abate a health or other nuisance which unmistakably exists and from which there is imminent danger to human life or property.
(C) Abatement ordered by Court.
(1) In addition to any fine imposed, the Court may order the person to abate the nuisance within a specified time, as determined reasonable by the Court.
(2) If, within the time specified by the Court, the owner or person in charge of the property has not abated the nuisance, the Court, upon application by the city, may order the city to abate the nuisance and charge the owner of the property for the cost of abatement and, if necessary, place a lien against the property as provided in division (D) below.
(D) Assessment of cost of city ordered abatement.
(1) The City Recorder, or designee, shall keep an accurate record of the expense incurred by the city in abating the nuisance, and shall include therein a charge of 25% of the expense for administration overhead.
(2) The City Recorder, by registered or certified mail, postage prepaid, shall forward to the owner or person in charge of the property a notice stating:
(a) The total cost of abatement, including the administrative overhead;
(b) The cost as indicated will be assessed to and become a lien against the property unless paid within 30 days from the date of the notice; and
(c) That if the owner or person in charge of the property objects to the cost of the abatement as indicated, he or she may file a notice of objection with the City Recorder not more than ten days from the date of the notice requesting a hearing.
(3) Upon receipt of a request for hearing, the Council shall set a date to consider objections. The objector shall be notified of such date and at said hearing the Council shall hear the objection and determine the cost to be assessed. Hearing shall be held within 60 days of date notice of objection is received.
(4) If the costs of the abatement are not paid within 30 days from the date of the notice, an assessment of the costs as stated or as determined by Council shall be made by resolution and shall thereupon be entered in the docket of city liens and, upon such entry being made, shall constitute a lien upon the property from which the nuisance was removed or abated.
(5) The lien shall be enforced in the same manner as liens for street improvement are enforced and shall bear interest at the rate of 9% per annum. Such interest shall commence to run from date of the entry of the lien in the lien docket.
(6) An error in the name of the owner or person in charge of the property shall not void the assessment, nor will a failure to receive the notice of the proposed assessment render the assessment void; but it shall remain a valid lien against the property.
(7) The city may, for purposes of giving notice under this section, rely upon the most current records of the County Recorder and County Assessor for the purposes of identifying the name and address of the property owner, unless the city has actual notice that the property is owned by others.
(Ord. 344, passed 7-10-2000)