§ 95.10  ABATEMENT.
   (A)   Inspection of premises. Whenever a complaint is made that a public nuisance exists or has existed in the city, the Chief of Police/Director of Public Safety, the Building Inspector or some other city official whom the City Manager designates, or a representative of any of such persons, shall forthwith inspect or cause to be inspected the premises and shall make a written report of findings.
   (B)   Separate violations. Each day that a public nuisance exists shall constitute a separate violation of this chapter.
   (C)   Summary abatement.
      (1)   Proceeding under this section shall not preclude the city from proceeding under any other section of this chapter such as § 95.04. If the inspecting officer determines that a public nuisance exists on private property and that there is great and immediate danger or emergency to the public health, safety, peace, morals or decency, the City Manager or the Director of the Department of Public Safety/Chief of Police may direct that a notice be served on the owner or, if the owner cannot be found, on the occupant, entity or person causing, permitting or maintaining such nuisance, and that a copy of the notice may be mailed to the last known address of the owner and to the occupant, entity  or person causing, permitting or maintaining such nuisance. In the alternative, the Director of the Department of Public Safety/Chief of Police may cause a citation to be issued to the owner, or if the owner cannot be found, to the occupant, entity  or person causing, permitting or maintaining such nuisance. If one or more of the owner, occupant, entity or person responsible for the nuisance condition cannot be found, the notice shall be published once in a local newspaper.
      (2)   Such notice shall direct the owner, occupant, entity or person causing, permitting or maintaining such nuisance to abate or remove such nuisance within a definite time and shall state that unless such nuisance is so abated, the city will cause the same to be abated and will charge the cost thereof to the owner, occupant, entity or person causing, permitting or maintaining the same, as the case may be.
      (3)   A written abatement schedule shall be submitted to the City Manager from the property owner, occupant, entity or person causing, permitting or maintaining such nuisance with a completion schedule and, upon approval by the City Manager and when the work is completed, it must pass inspection by the Building Inspector or Ordinance Officer for all repairs, remodeling or abatement before and occupancy permit is issued
      (4)   In order to enforce the provisions of this chapter, when the City Manager or his/her duly authorized agents and representatives find and determine that the severity of the violation warrants immediate action, he/she may clean up or abate violation thereof. The cost of such cleanup or abatement may be recovered by the city in a civil action or as set forth in divisions (C)(5) through (7) below. Such emergency cleanup or abatement will not relieve the person of further action which may be taken by the City Manager or his/her duly authorized agents and representatives, including but not limited to, liability for any violations of this chapter or any other applicable provisions of state law and local ordinances.
      (5)   The City Manager is hereby authorized to enforce the collection of the amounts incurred for the abatement or removal of such nuisances by recording the amount of such cost in the City Clerk's office. By such recording, the total amount of the cost shall become a lien on the real estate of the owner of the premises.
      (6)   The City Clerk shall, on the Tuesday following the second Monday in March of the following year, certify to the City Council, at the regular Council meeting, the amount which has become a lien upon the premises.
      (7)   The City Council shall, no later than the Tuesday following the second Monday in April, at their regular Council meeting, direct the City Assessor to spread this amount against the property listed on the summer tax roll. Such amount shall be collected in the same manner as general city taxes.
   (D)   Abatement by court action. If the inspecting officer determines that a public nuisance exists on private premises, but that the nature of such nuisance is not such as to threaten great and immediate danger to the public health, safety, peace, morals or decency, such officer shall file a written report of findings with the City Attorney, who shall cause an action to abate such nuisance to be commenced in the name of the city upon motion or resolution by the City Council declaring a nuisance to exist.
(Ord. passed 10-27-98; Am. Ord. eff. 7-17-06)