(A) If the code official determines that a public nuisance constitutes an immediate hazard to the public health, safety and welfare, the official may take immediate action to abate said public nuisance without notice to the owner of the property.
(B) Upon completion of the abatement measures by the city or its contractor, a written notice concerning the public nuisance and the abatement measures taken shall be delivered to the owner of the property.
(C) The notice shall include the costs incurred by the city for the abatement measures and a statement that such costs shall be paid by the owner of the property and shall be a lien against such property. Such notice shall be delivered to the owner of the property immediately upon completion of the abatement measures.
(D) The owner may appeal the summary abatement measures, the costs of the abatement measures or both.
(1) The request for appeal shall be in writing and include, at a minimum, the following information:
(a) The name, address and phone number of the person requesting the appeal;
(b) The address of the property at which is alleged to be a public nuisance; and
(c) A recitation of the basis and supporting facts giving rise to the request for appeal.
(2) The request for appeal shall be submitted at the office of the Code Official during business hours, or may be submitted electronically to such office.
(3) A request for appeal shall be submitted within one business day from the day of the abatement measures being taken.
(4) Upon receipt of a request for appeal, the Code Official or his or her designee may, in the exercise of his or her discretion, render a decision solely upon a review of notice of abatement measures, with any accompanying information, and the request for appeal. The Code Official may also schedule a meeting with the person requesting the appeal to permit him or her to provide additional information pertinent to the appeal. If the Code Official determines to schedule a meeting, such a meeting shall be scheduled within 48 hours of the receipt of the request for appeal.
(5) At the conclusion of his or her review, the Code Official shall make one of the following determinations:
(a) The abatement measures were unreasonable and the owner of the property shall not be responsible for the costs of such abatement measures;
(b) The abatement measures were appropriate but the owner of the property shall not be required to pay the costs of such abatement measures; or
(c) Deny the appeal and direct that the costs of the abatement measures be paid by the owner of the property.
(d) The decision of the Code Official shall be in writing and shall include findings of fact derived from his or her review of the notice to abate, the request for review, and any accompanying information. The decision shall be delivered to the person who requested the appeal in person or by mail, within two days of said decision.
(Ord. 9089, passed 4-18-17; Am. Ord. 9141, passed 3-6-18)