A. By Person Responsible:
1. Within ten (10) days after the posting and mailing of the notice as provided in section 4-1-14 of this chapter, the person responsible shall remove the nuisance or show that no nuisance exists.
2. A person responsible, protesting that no nuisance exists, shall file with the city manager a written statement which shall specify the basis for so protesting.
3. The statement shall be referred to the city council as a part of its regular agenda at its next succeeding meeting. At the time set for consideration of the abatement, the person protesting may appear and be heard by the council, and the council shall determine whether or not a nuisance in fact exists, and the determination shall be entered in the official minutes of the council. Council determination shall be required only in those cases where a written statement has been filed as provided.
4. If the council determines that a nuisance does in fact exist, the person responsible shall, within ten (10) days after the council determination, abate the nuisance. (1996 Code § 8.04.170)
B. By City:
1. If, within the time allowed, the nuisance has not been abated by the person responsible, the council may cause the nuisance to be abated.
2. The officer charged with abatement of the nuisance shall have the right at reasonable times to enter into or upon property to investigate or cause the removal of a nuisance. (1996 Code § 8.04.180)
3. The city manager shall keep an accurate record of the expense incurred by the city in physically abating the nuisance, and shall include therein a charge of up to twenty five percent (25%) of those expenses for administrative overhead. (1996 Code § 8.04.180; amd. 2004 Code)
C. Joint Responsibility: If more than one person is a person responsible, they shall be jointly and severally liable for abating the nuisance, or for the costs incurred by the city in abating the nuisance. (1996 Code § 8.04.190)