(A) General. The procedures provided by this subchapter is not exclusive but is in addition to procedure provided by other ordinances. The Authorized Representative or such other persons as the City Council may designate, may proceed to abate a health or other nuisance that unmistakably exists and from that there is imminent threat or danger to human life or property.
(B) Cost. The cost of such summary abatement shall be assessed against the owner of the real property on that the nuisance exists shall be a lien against the real property and may be enforced and collected by the same procedures set forth in this subchapter for abatement.
(C) Abatement notice of imminent threat.
(1) Upon determination by the City Council that a nuisance resulting in an imminent threat to the public health, safety, or property of the residents of the city, as described in this or any other chapter of the city, exists, the Authorized Representative, or his or her designated representative, shall forthwith issue a citation to the property owner who, in the opinion of the Authorized Representative, are determined to be in violation of this chapter.
(2) At the time of issuing a citation as set forth above, the Authorized Representative shall contact the Mayor, and in his or her absence, the Council President, and discuss the issuance of any citation issued by the Authorized Agent, or the Council’s designated representative, under this subchapter.
(3) The citation of nuisance resulting in an imminent threat to the public health, safety, or property of the residents of the city shall contain:
(a) Reference to the section of this chapter being violated and a description of the imminent threat;
(b) A description of the location upon that the violation occurred that may be a street address, a street name between intersecting streets, an approximate distance from a known point of reference, or otherwise, at or on that such imminent threat to the public health, safety, or property of the residents of the city exists;
(c) The month, day, year, and time of day of the citation;
(d) A direction to remove the imminent threat to the public health, safety, or property of the residents of the city within two hours from the time of issuance of the citation;
(e) A statement that unless such imminent threat to the public health, safety, or property of the residents of the city is removed within two hours after citation, the city will abate the nuisance and cost of abatement shall be a lien against the property;
(f) A statement that the person or person in charge may protest the citation and action by giving notice to the Authorized Representative within two hours from the time of citation; and
(g) An error in the name or address of the property owner, as listed with the County Assessor’s office and the City Utility Department, shall not make the citation void, and in such a case, the citation shall be deemed sufficient.
(D) Abatement by the owner of imminent threat.
(1) Within two hours after citation, as provided in § 90.45(B), the property owner, as listed with the County Assessor’s office and the City Utility Department, shall remove and abate the nuisance or protest that no nuisance exists.
(2) The property owner violating this chapter shall file with the Authorized Representative a written statement that shall specify the basis for contending that no nuisance exists.
(3) The statement shall be referred to the Authorized Representative during the first regular business day after receipt by the Authorized Representative, and the Authorized Representative shall advise the Mayor of such statement.
(4) (a) The Mayor shall refer the statement to the Council at a special Council meeting to be posted and held within three regular business days of filing of the statement with the Authorized Representative.
(b) At the time set for the consideration of the abatement, such person or person in charge may appear and be heard by the Council, and the Council shall, based upon the evidence presented, thereupon confirm whether a nuisance resulting in an imminent threat to the public health, safety, or property of the residents of the city in fact exists, and such confirmation shall be entered in the official minutes of the Council.
(5) Upon Council confirmation that a nuisance resulting in an imminent threat to the public health, safety, or property of the residents of the city in fact exist, the person or person in charge violating this chapter shall, within two hours after such Council confirmation or two hours after daylight of the next succeeding day, that ever is later, shall remove or abate such nuisance.
(E) Abatement by the city of imminent threat.
(1) If within the time fixed, as provided in this chapter, the property owner has not abated the nuisance resulting in an imminent threat to the public health, safety, or property of the residents of the city, the City Council shall cause the imminent threat, to be abated.
(2) The Authorized Representative shall maintain an accurate record of the expense incurred by the city in abating the imminent threat and shall include therein an overhead charge of 15% of the total cost for administration.
(3) The total cost, including the administrative overhead, shall thereupon be assessed to property of the person or person in charge as they may own in the city, whether or not said property shall be in the location of the violation of this chapter or not, in accordance with procedures set forth in § 90.48.
(4) If the person or person in charge does not own property in the city, the city shall file a civil action or suit to enforce the collection of the total cost, including the administrative overhead, as set forth in the resolution described in this section, in the appropriate court within the county.
(Prior Code, § 90.01) (Ord. 06-512, passed 7-5-2006; Ord. 07-516, passed 7-2-2007; Ord. 08-519, passed 5-12-2008)