Loading...
Actions under this part shall be filed no later than one year after the public nuisance or the last in a series of acts constituting the public nuisance occurs. This limitation shall not be construed to limit the introduction of evidence of public nuisances that occurred more than one year before the filing of the complaint when relevant for any purpose. (Ord. 00-104; Ord. 01-42)
A. Whenever the Chief of Police determines that an emergency exists which both constitutes a nuisance and which requires immediate action to protect the public health, safety or welfare, the Chief of Police may initiate an emergency abatement by bringing the circumstances to the attention of the Municipal Court. The request for court ordered emergency abatement shall be made by the Chief of Police in writing and shall specify the form of relief requested. The request shall be accompanied by an affidavit setting forth the facts and circumstances which represent a nuisance and which requires immediate action to protect the public health, safety or welfare.
B. The Presiding Judge, upon a finding of probable cause that a condition exists which constitutes a nuisance and which requires immediate action to protect the public health, safety or welfare, may issue an order for abatement specifying relief as deemed appropriate by the court and shall order the Police Chief to take immediate corrective action to protect the public.
C. A person claiming a legal or equitable interest or right of possession in the real property may file, set, serve and have heard a motion to vacate or modify the emergency abatement order.
1. Any motion to vacate an emergency abatement order shall state specifically the factual and legal grounds upon which the motion is based. The motion shall be heard within ten (10) days of filing, but no sooner than two (2) business days after filing. The motion shall be personally served on the Prosecution Division of the Office of the City Attorney when the motion is filed.
2. At hearing, the City shall have the burden of proving by a preponderance of the evidence that a condition exists which constitutes a nuisance and which requires action to protect the public health, safety or welfare.
a. If the court finds that the emergency condition has been abated, and is not likely to reoccur, the court shall terminate its abatement order.
b. If the emergency condition continues to exist, the court shall issue orders necessary to abate the condition.
c. All orders under this section shall expire thirty (30) days from the granting of the abatement order unless the City Attorney's Office has initiated a nuisance action.
D. A report on the actions taken pursuant to the emergency abatement order shall be provided by the Chief of Police to the Municipal Court, in writing, no later than two (2) business days after the corrective action has commenced. The Chief of Police shall make reasonable efforts to promptly provide the owner of the property with a copy of this report.
E. Any person directed to leave the property by the emergency order or directed to cease and desist from conduct by the emergency order shall comply immediately and it shall be unlawful to fail or refuse to comply immediately.
F. In the event that the person in possession of the property fails or refuses to comply immediately, the Chief of Police may, without prior notice to the owner, occupant or agent of the owner, take the corrective action as ordered by the court.
G. Any expenses incurred by the City in enforcing the emergency abatement order shall be recovered as set out in this part.
H. No security or bond of any type shall be required of the City in obtaining any emergency abatement order under this part. (Ord. 09-96)