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Where the director determines that the nuisance conditions exist on real property located in the city, that the owner of such property is unavailable or has failed or refused to abate such nuisance after having been personally served with a request to abate same, that the nuisance constitutes a substantial and immediate threat to the public health or safety, and that any further delay in abating the nuisance would pose an unreasonable risk of harm to persons or property, the director may cause the nuisance to be summarily abated in the manner hereinbefore provided by this chapter without a nuisance abatement order issued by an administrative hearing officer in the manner hereinbefore required by this chapter. In the event the director causes a nuisance to be summarily abated in the manner authorized by this section, the director shall prepare a written report setting forth the costs of abatement and justification for such summary abatement procedures. The director shall forward such report to the city manager no later than ten days after completion of all nuisance abatement work. To recover abatement costs incurred pursuant to a summary nuisance abatement, the director shall follow the relevant procedures contained in Sections 1.14.110 through 1.14.200, and the absence of a nuisance abatement order shall not preclude the director from commencing assessment proceedings pursuant to Section 1.14.110.
(Ord. 1891 (part), Ord. 2012 §3 (part), Ord. 2364 §17, Ord. 2592 §1 (part))
Nothing in this chapter shall be deemed to preclude the city attorney from commencing a civil action to abate a nuisance in the manner provided for by the laws of this state as an alternative to the administrative nuisance abatement proceeding provided for by this chapter.
(Ord. 1891 (part))
A. An owner is deemed to have violated this chapter each day that a nuisance is permitted to continue following the issuance of a nuisance abatement order. The following administrative fines may be imposed for violations of this chapter in accordance with Chapter 1.15 of this code, except that the below fee schedule shall control over any conflicting fee schedule that may exist under Section 1.15.050 of this code:
1. A $0.00 administrative fine if the owner of the property on which a nuisance is alleged to exist fails to abate the nuisance within 10 days of a nuisance abatement order being issued, except that a frequent violator may be fined $100.00;
2. A $100.00 administrative fine if the owner of the property on which a nuisance is alleged to exist fails to abate the nuisance within between 11 and 20 days of a nuisance abatement order being issued, except that a frequent violator may be fined $200.00;
3. A $200.00 administrative fine if the owner of the property on which a nuisance is alleged to exist fails to abate the nuisance within between 21 and 30 days of a nuisance abatement order being issued, except that a frequent violator may be fined $500.00;
4. A $400.00 administrative fine if the owner of the property on which a nuisance is alleged to exist fails to abate the nuisance within between 31 and 40 days of a nuisance abatement order being issued, except that a frequent violator may be fined $500.00;
5. For each calendar day interval following the 40th day from which a nuisance abatement order has been issued, the owner may be fined an administrative fine of $100.00 for failure to abate the nuisance;
6. For the purposes of this section, a “frequent violator” is a property owner who has been issued more than one nuisance abatement order in the preceding 12 months for violating Chapter 1.14.
B. Any person who removes or defaces a proposed nuisance abatement order or other notice which is posted in the manner provided for by this chapter is guilty of a misdemeanor punishable by imprisonment in the county jail for a period not exceeding six months, or by a fine not exceeding one thousand dollars, or by both.
(Ord. 1891 (part), Ord. 2592 §1 (part))
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))