A. Any resident harmed in a manner that is different in kind as well as in degree from that harm suffered by other members of the general public by a public nuisance is authorized to commence proceedings to demand the city abate the public nuisance.
B. To commence proceedings to demand the city to abate a public nuisance on public property owned by the city, a resident must file with the city clerk a notice of violation and demand to abate (“notice and demand”). The city manager shall create a form for the notice and demand and establish a process for filing the notice and demand that complies with this section. The process for filing the notice and demand shall include options to file online, by personal delivery, and by mail. No fee shall be imposed for the filing of a notice and demand. The notice and demand must contain:
1. The street address or such other description needed to identify the location of the subject public property or parcel;
2. A description of the conditions that constitute the public nuisance;
3. A description of the harm to the resident caused by the violation, and how this harm is different in kind as well as in degree from that suffered by other members of the general public;
4. Contact information of the resident;
5. A demand that the city take action to abate the violation, and the action demanded.
C. Within 20 business days from the date the city receives the notice and demand, the city shall inspect the subject public property location and respond to the notice and demand by informing the resident, using the contact information provided in the notice and demand, that the city will:
1. Abate the violations and the date of anticipated abatement; or
2. Provide notice to the resident that it will not abate the violation and the reason for its denial, which may include, but is not limited to, because a public nuisance does not exist, a public nuisance has not substantially caused the resident to suffer harm of a different kind and degree than the general public, the city does not own the subject property, the city cannot abate the public nuisance without violating the city’s legal obligations, or it is otherwise not in the best interest of the city to take the demanded action.
D. For purposes of this section:
1. “Harm” means an injury to health, an offense to one’s senses, and/or an interference with the comfortable enjoyment or the use of the public property at issue.
2. “Public nuisance” means all conditions defined in Section 1.14.030 of this code, existing upon public property owned by the city which, other than those conditions of public property which cannot be a public nuisance due to the public nature of the property.
3. “Resident” includes a person who resides within the city or conducts business within the city pursuant to a business license issued by the city.
(Ord. 2579 §1 (part))