(A)    If it is determined that an emergency exists by reason of the continuing maintenance of the nuisance or condition, the city may perform any action which may be required under this chapter without prior notice.  The Building and Neighborhood Services Official shall make a determination as to whether or not an emergency exists based upon:
      (1)   Inability to contact the property owner by normal efforts;
      (2)   The seriousness of the violation due to health hazards or physical hazards to a private individual or to the public as determined by the Building and Neighborhood Services Official.
      (3)   Frequency of violations of a property owner or a tenant when the property owner or a tenant has received more than two nuisance violation notifications within one calendar year.  This determination is in effect for one calendar year beginning on the date of the most recent nuisance violation notification.
   (B)   The city shall assess the costs as provided in § 90.13 after notice to the property owner under the applicable provisions of §§ 90.07, 90.08 and 90.09 and hearing as provided in § 90.08.
   (C)   In the event that § 90.15 is determined to be an emergency by the Building and Neighborhood Services Official, the Fire Marshal, the Fire Chief or the Police Chief of the city, or the Public Health Official of the County of Clinton, Iowa, the Building and Neighborhood Services Official is authorized to placard the structure as a dangerous building according to Chapter 150, and to order vacation of the building and securing of all equipment and structures so as not to constitute an attractive nuisance.  This section applies to all structures residential and non-residential.
(Iowa Code § 364.12(3)(h))  (Ord. 2414, passed 7-13-2010)