§ 7.01.070 ABATEMENT BY THE CITY.
   (A)   If within the time allowed, the nuisance has not been abated by a person responsible, the city agencies may order the nuisance to be abated by taking any action deemed appropriate, including but not limited to, removing and disposing of any items creating the nuisance in any manner deemed appropriate by the city, and the city may retain any proceeds of such disposition.
   (B)   City agencies shall post a notice at the site of the nuisance and personally serve the responsible party or send the person responsible for the nuisance a certified letter advising that the abatement process begin within ten days of receipt of the letter.
   (C)   The city agencies, or contractors acting under the direction of the city agencies, shall have the right at reasonable times to enter into or upon the subject property in accordance with the law to abate the nuisance and remove and dispose of all items creating the nuisance. If a person in lawful control of the property or the subject part thereof refuses to give the city permission to enter upon the property to abate the nuisance, the city agency shall comply with legal requirements prior to entering the property.
   (D)   If the city agencies, in their reasonable discretion, determines that the alleged public nuisance presents an emergency, then they shall issue a citation and may take immediate action to abate the public nuisance. In such circumstances, the city employees shall have authority to contact law enforcement agencies and to request their assistance in abating the nuisance.
   (E)   If the city agencies, in their reasonable discretion, determines that the alleged public nuisance is not an emergency, then they shall provide a notice to the owner or occupant, if any, advising the owner and occupant of the complaint and requesting that the alleged public nuisance be abated within a period of not more than ten days. The city agencies shall reinspect at the end of the ten-day period. If the owner or occupant has not abated the alleged public nuisance within the time required by the notice, then the city agencies shall issue a citation and take those actions reasonably necessary to abate the alleged public nuisance.
   (F)   Notice to the owner shall be given by certified mail, return receipt requested, addressed to the owner or owners as named in the most current assessment list. Notice to the occupant shall be given by personal service, by certified mail, return receipt requested, addressed to the occupant at the physical address of the property, or by posting notice in a conspicuous place upon the property. Notice is deemed given upon its mailing, personal service or posting.
(Prior Code, § 7.01.070) (Ord. 150, passed 6-18-2012)