(A) Nonsummary Abatement:
1. By Owner:
(a) The Health Authority may serve or cause to be served a notice, in writing, upon the owner, agent, occupant, or person in possession, charge, or control of any lot, building, or premises or item of personalty in or upon which any nuisance exists, requiring said person to abate the same within a specified, reasonable time, in such manner as the notice shall direct.
(b) An appeal to the East Moline City Council from any notice shall be provided if a written request for a hearing is filed with the Health Department within the time established for the abatement of the nuisance.
2. By Health Department: If the person so served and notified does not abate the nuisance within the specified reasonable time, the Health Authority may proceed to abate the nuisance in any or all manner allowable by law, including, without limiting the generality thereof, the following:
(a) Seeking to impose a monetary penalty as defined by Section 7-1-7 of this Chapter by instituting Ordinance enforcement action.
(b) Seeking to enjoin the continuation of the nuisance by filing of a lawsuit in a court of competent jurisdiction.
(c) All expenses incurred thereby shall be paid by the owner, agent, occupant, or person in possession of said property; said expenses shall be a lien upon said property if payment is not made to the Health Department after presentation of a bill and a reasonable period of time.
(B) Summary Abatement: Whenever, in the opinion of the Health Authority, a nuisance creates an imminent threat of serious injury to person(s) or real property, or if the nuisance can be abated summarily without or with only minor damage to the items or premises which are creating the nuisance, and the continuation of the nuisance poses a substantial threat of injury to persons or property or a substantial interference with the quiet enjoyment of life normally present in the community, the Health Authority shall proceed to abate such nuisance; provided, further that whenever the owner, occupant agent, or person in possession, charge, or control of the real or personal property which has become a nuisance is unknown or cannot readily be found, the Health Authority may proceed to abate such nuisance without notice. Where the abatement of the nuisance requires continuing acts by the Health Authority beyond the initial summary abatement and any other additional emergency abatements, it shall seek abatement of such nuisance on a permanent basis through judicial process as soon as readily possible. All expenses incurred hereby shall be paid by the owner, agent, occupant, or person in possession of said property. Said expenses shall be a lien upon said property if payment is not made to the Health Department after presentation of a bill and a reasonable period of time. (Ord. 92-42, 10-5-1992)