Except for the summary abatement provisions set out in articles A, B, C, and D of this chapter, the following shall apply:
A. Council Authority To Abate: Whenever it is practical to do so, the city council has the power summarily to abate any such nuisance, after notice to the owner and an opportunity for him to be heard, if this can be done.
B. Nuisances Constituting Immediate Danger:
1. Some nuisances are of such nature as to constitute a grave and immediate danger to the peace, health, safety, morals or welfare of one or more persons or the public generally.
2. It is recognized that, in such circumstances, the mayor (or his representative) may be justified or required to take immediate and proper action summarily to abate such nuisances, or to reduce or suspend the danger until more deliberate action can be taken toward such abatement. (1991 Code § 12-20)
C. Submission Of Statement Of Nuisance Condition: The fire chief, the chief of police, the city attorney, the administrative officer, any council member, any resident of the city, or any other officer subordinate to the city council, may submit to the city council, a statement as to the existence of a nuisance as defined by state law or the ordinances of the city, and a request or recommendation that it be abated. (1991 Code § 12-20; amd. 2013 Code)
D. Council Determination; Hearing; Notice:
1. The city council shall determine whether or not the alleged nuisance is a nuisance in fact, and before proceeding to have the nuisance abated, the council shall give notice of a hearing on the proposed abatement to the owner of any property concerned and to any other person alleged or deemed responsible for, or to be causing, the nuisance, and an adequate opportunity to be heard, if such notice and opportunity for a hearing can be given.
2. Such notice to the owner and other persons concerned shall be given in writing by mail or by service (by a police officer), if their names and addresses are known. If the names and addresses are not known, and the peace, health, safety, morals or welfare of the person, persons or public adversely affected would not be unduly jeopardized by the necessary delay, a notice of the hearing shall be published in a newspaper of general circulation within the city or county.
E. Abatement By City; Assessment Of Costs:
1. If the city council finds that a nuisance does in fact exist, it shall direct the owner and/or other persons responsible for, or causing, the nuisance to abate it within a specified time if the peace, health, safety, morals or welfare of the person or public adversely affected would not be unduly jeopardized by the consequent delay. If such peace, health, safety, morals or welfare would be unduly jeopardized by the consequent delay, or if the owner or other persons responsible for or causing the nuisance do not abate it within the specified time, the city council shall direct the mayor to abate the nuisance or have it abated, if summary abatement is practical.
2. The city clerk-treasurer shall send a statement of the cost of such summary abatement to the owner and/or other persons responsible for, or causing, the nuisance, as may be just under the circumstances, if their names and addresses are known. Until paid, such cost shall constitute a debt to the city, collectible as other debts of the city may be collected. (1991 Code § 12-20)