When the enforcement officer determines that a nuisance exists which constitutes an immediate danger or hazard which if not immediately abated will endanger the health and safety of the public, and there does not exist sufficient time to follow the procedures of § 94.078, the city may abate the nuisance by the procedure described below:
(A) Order. The city shall order emergency abatement by an administrative order to be signed by an enforcement officer.
(B) Notice of abatement.
(1) Following an emergency abatement, a notice shall be mailed to the owner of the property and other responsible parties connected with the property that are known to the city. The notice shall contain:
(a) A description of the nuisance;
(b) The action taken by the city;
(c) The reasons for immediate action;
(d) The costs incurred in abating the nuisance; and
(e) The date, time, and place of a hearing.
(2) Prior to the hearing, the department director who ordered the abatement shall provide the owner with an opportunity to meet and informally discuss the matter. The department director may make a recommendation to the Council based on the information obtained at such a meeting.
(C) Hearing. If the matter is not resolved at the informal meeting, the City Administrator or a designated hearing officer shall hear from the enforcement officer and any other parties who wish to be heard. After the hearing, the hearing officer shall make a recommendation to the City Council regarding payment of the costs of abatement. The City Council may adopt a resolution levying an assessment for all or a portion of the costs incurred by the city in abating the nuisance payable in a single payment or by equal annual installments as the City Council may provide.
(Ord. 21-08, passed 11-8-2021; Ord. 22-07, passed 9-26-2022)