Note: For a printer-friendly, PDF copy of Appendix A, please click HERE
SUGGESTED FORM
DANGEROUS BUILDINGS
FIRST NOTICE
TO: (Name and address of owner, agent or occupant of the property on which nuisance is located or the person causing or maintaining the nuisance).
You are hereby notified to abate the nuisance existing at (name location of nuisance) within ______ days from service of this notice or file written request for a Council hearing with the undersigned officer within the time limit.
The nuisance consists of (described the nuisance and cite the law or ordinance) and shall be abated by (state action necessary to abate the particular nuisance).
In the event you fail to abate or cause to be abated the above nuisance as directed, or file written request for hearing within the time prescribed herein, the city will take steps as are necessary to abate or cause to be abated the nuisance and the cost will be assessed against you as provided by law.
Date of Notice: __________________________________
City of Clinton, Iowa
By: _________________________________________
(Enforcement Officer)
SUGGESTED FORM
DANGEROUS BUILDINGS
NOTICE OF HEARING
TO: (Name and address of owner, agent or occupant of the property on which nuisance is located or the person causing or maintaining the nuisance).
You are hereby notified that the City Council of Clinton, Iowa, will meet on the _____ day of ____________________________, ______, at _____ o’clock __.m. in the Council Chambers of the City Hall, at (address of City Hall) for the purpose of considering whether or not the alleged nuisance consisting of (describe the nuisance) on your property, locally known as _________________________, _______________________, Iowa, and should be abated by (state action necessary to abate the particular nuisance).
You are further notified that at the time and place you may appear and show cause why the alleged nuisance should not be abated.
You are further notified to govern yourselves accordingly.
Date of Notice: __________________________________
City of Clinton, Iowa
By: _________________________________________
(Enforcement Officer)
SUGGESTED FORM
DANGEROUS BUILDINGS
RESOLUTION AND ORDER
BE IT RESOLVED, by the City Council of the City of Clinton, Iowa:
WHEREAS, notice has heretofore been served on the _____ day of ____________________, _______, on (property owner’s name), through (agent’s name or “none”), agent, to abate the nuisance existing at (legal description and address) within _____ days from service of notice upon the (name of owner or agent); and
(EITHER)
WHEREAS, a hearing was requested by the (name of property owner or agent) and the same was held at this meeting and evidence produced and considered by the City Council;
(OR, ALTERNATE TO PRECEDING PARAGRAPH)
WHEREAS, the owner (agent) named above has failed to abate or cause to be abated the above nuisance as directed within the time set, and after evidence was duly produced and considered at this meeting, and the owner has failed to file a written request for hearing, as provided, after being properly served by a notice to abate;
NOW THEREFORE, BE IT RESOLVED that the owner of the property, or his or her agent (name of owner or agent) is hereby directed and ordered to abate the nuisance consisting of (describe the nuisance) by (state action necessary to abate) within _____ days after the service of this order upon him or her; and
BE IT FURTHER RESOLVED that the enforcement officer be and is hereby directed to serve a copy of this order upon the property owner or agent named above; and
BE IT FURTHER RESOLVED that in the event the owner, or agent (name the owner or agent) fails to abate the nuisance within the time prescribed above, then and in that event the city will abate the nuisance and the cost will be assessed against the property and/or owner (owner’s name) at (address), as the law shall provide.
Moved by _______________________________ to adopt.
Adopted this ______ day of __________________________, 20 _____.
__________________________________________
Mayor
ATTEST:
____________________________________________
City Clerk
Note: It is suggested by the blank space in the resolution that additional time be allowed the owner to abate the nuisance after the passage of the resolution before any action is taken on the part of the city to abate the same. In some instances, for the sake of public safety, the time element could be stricken from the resolution and immediate action be taken to abate the nuisance after the order is given.
(1999 Code, Appendix)