(a) Definitions. As used in this section:
"Commissioner" means the commissioner of streets and sanitation or the commissioner of health or their respective designees.
"Owner" has the meaning ascribed to the term in Chapter 14A-2.
"Property" means any lot, tax parcel of real estate, railroad track, residence, place of business or any portion thereof, whether improved, unimproved, vacant or occupied.
"Substantial risk" means any violation of Section 7-28-450 which, due to its nature, size, scope, reoccurrence or lack of remediation by the owner, poses a serious or ongoing threat to the environment or to the public health, comfort, safety or welfare of any person or of the community. The term "substantial risk" includes any serious threat that is present now or is expected to occur within a reasonably short period of time, even though the impact of the threat may not be felt until later.
(b) Violations of Section 7-28-450 that pose a substantial risk to the public – Nuisance – Notice – City authorized to abate – Penalty – Costs. Any violation of Section 7-28-450 that poses a substantial risk to the environment or to the public health, comfort, safety or welfare of any person or of the community shall be a violation under this section and is hereby declared to be a public nuisance. Such public nuisance shall be subject to the notice and abatement provisions set forth in this section. Any person who violates any of the requirements of this subsection shall be subject to twice the amount of the fine that applies for violations of subsections (a) or (b) of Section 7-28-450, as applicable. Each day that a violation continues shall constitute a separate and distinct offense to which a separate fine shall apply.
In addition to such fine, any person who violates this subsection shall be liable to the city for any and all costs and expenses incurred by the city in abating a nuisance under this section, plus a penalty of up to three times the amount of the costs and expenses incurred by the city in abating such nuisance. Such monies may be recovered in an appropriate action instituted by the corporation counsel or in a proceeding initiated by the department of streets and sanitation or the department of health at the department of administrative hearings. The penalties imposed by this subsection shall be in addition to any other penalty provided by law.
(c) Notice to abate. If the commissioner determines that any violation of Section 7-28-450 poses a substantial risk to the environment or to the public health, comfort or safety of any person or of the community, the commissioner shall serve notice, in writing, upon the owner of the property on which such nuisance is occurring ordering such owner to abate the nuisance under this section by the date certain set forth in such notice or order and in the manner the commissioner may prescribe. If such owner fails to abate the nuisance under this section by the date certain set forth in such notice or order and in the manner the commissioner may prescribe or if the owner is unknown or cannot with due diligence be found, the applicable commissioner may proceed to abate the nuisance or seek to enjoin the nuisance.
If a motor vehicle is the nuisance or a part of the nuisance, the commissioner shall serve notice, in writing, upon the last registered owner of the vehicle or owner of the lot where the vehicle is located ordering such owner to remove the vehicle by the date certain set forth the notice and informing such owner that if the vehicle is not removed by the date certain set forth in the notice or order, the commissioner is authorized to and may cause the vehicle to be removed and impounded.
The notice or order required under this subsection shall be served on the owner, with or without a return receipt requested, (i) by first class mail or express mail or priority mail or certified mail or registered mail or by overnight carrier or express courier service at the owner's residence address or, if the owner is a business entity, at any mailing address identified for its registered agent or at its principal place of business; or (ii) by personal service, including personal service upon an employee or agent of the owner at a place of business of the owner or otherwise if such service is reasonably calculated to give the owner actual notice; or (iii) if service cannot be made by either of (i) or (ii) above, by posting a copy of the order or notice on the front entrance of the building or other structure where the violation is found, or if the property is unimproved or fenced off, by posting a copy of the order or notice in a prominent place upon the property where the violation is found.
(d) Emergency abatement. Nothing in this section shall be construed to prevent the city from acting without notice to abate a nuisance under this section, where such nuisance poses an imminent threat to the public health, safety or welfare or in the event of any other emergency. If emergency abatement under this section is required, the city may recover under Section 1-20-020 any and all costs associated with such emergency abatement.
(e) Other requirements. Nothing in this section shall be construed to deny to any person any statutory or common law right to abate a nuisance or to prevent the city from seeking any or all remedies that may be provided by law.
(Added Coun. J. 7-28-10, p. 97912, § 6; Amend Coun. J. 2-9-11, p. 112123, § 2; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6; Amend Coun. J. 4-10-19, p. 100029, Art. II, § 87)