§ 91.051  ABATEMENT BY THE CITY.
   (A)   In the event the person-in-charge and/or owner fails to abate the nuisance or challenge the abatement notice with the Municipal Court within the time specified in § 91.050(F), the Enforcement Officer may commence an action to abate the nuisance by filing a complaint or citation with the Municipal Court.
   (B)   The complaint or citation shall include:
      (1)   The street address or legal description sufficient to identify the property or otherwise where the nuisance exists;
      (2)   A brief description of the nuisance and specific code provision being violated;
      (3)   A copy of both the notice to abate and declaration described in § 91.050(C); and
      (4)   A description of the relief being sought (i.e., order to abate, imposition of civil penalty, and the like).
   (C)   The Enforcement Officer shall cause a true copy of the citation or complaint be served on the person-in-charge and/or owner, if different, either by personal service or certified mail, mailed to the address shown on the county tax records or such other address which the Enforcement Officer reasonably believes under the circumstances will apprise the person-in-charge and/or owner of the existence and pendency of the city’s action. In addition, the Enforcement Officer shall prepare a declaration for the file as to the method and timing of the service of the citation or complaint and file said declaration with the Municipal Court and a copy kept with the file.
   (D)   The Municipal Court shall set a date and time for the hearing on the citation or complaint not less than seven days nor more than 21 days after the date shown on the declaration described in § 91.051(C). The Municipal Court may alter the date and time for the hearing on its own motion or at the request of the person-in-charge, owner, or city for good cause.
   (E)   At the hearing, the city will have the burden to show:
      (1)   The real property where the nuisance exists is within the city;
      (2)   The nature of the nuisance and its extent;
      (3)   That if the city is seeking an order to abate, that the nuisance is likely to be present at the time of the requested abatement; and
      (4)   If the city is seeking a civil penalty, the amount thereof is reasonable and justified by the circumstances.
   (F)   Upon its determination that the city has carried its burden, the Municipal Court is authorized to issue a written order:
      (1)   Authorizing the city to enter the property where the nuisance is located and abate said nuisance;
      (2)   Imposing a civil penalty on the person-in-charge or owner for the nuisance; and
      (3)   Such other relief that the Court reasonably believes is appropriate given the nature of the nuisance and its effects on the adjoining properties and the city.
   (G)   A copy of the order shall be mailed to the person-in-charge and/or owner, if different, by the Municipal Court to the address where the citation or complaint was served.
   (H)   Once the city obtains a Municipal Court order to abate the nuisance and/or take other actions to address the nuisance and proceeds to act thereon, the Enforcement Officer shall cause an accounting to be kept of all costs, charges, fees, and penalties associated therewith.
   (I)   The Enforcement Officer shall send a notice and a copy of the accounting statement by certified mail to the person-in-charge and/or owner, if different, within 30 days of the calculation described in division (H) above. In addition, the Officer shall prepare a declaration for the file as to the date and time of the mailing of the notice and accounting statement by certified mail.
   (J)   The notice shall contain:
      (1)   The street address or legal description to identify the property or otherwise where the nuisance was abated;
      (2)   A statement that if the costs, charges, fees, and penalties associated therewith are not paid in full to the city within 30 days of the mailing date of the notice, any unpaid costs, charges, fees, and penalties will be made an assessment lien against the property; and
      (3)   A statement that the person-in-charge and/or owner may challenge the reasonableness or justification of any cost, charge, or fee by filing a written petition with the Municipal Court within ten days of the mailing date of the notice, succinctly setting out the basis for the belief that the cost, charge, or fee is either unreasonable or otherwise unjustified.
   (K)   In the event the person-in-charge and/or owner fails to timely challenge the notice and 30 days has lapsed, any unpaid costs, charges, fees, and penalties shall be filed in the city’s lien docket as an assessment lien and thereafter enforced and collected, bearing interest at the legal rate from the day of entry on the docket until fully paid.
   (L)   The person-in-charge and/or owner may challenge the reasonableness or justification of any cost, charge, or fee imposed as a result of the abatement by filing a written petition with the Municipal Court within ten days of the mailing date of the notice described in division (J) above and request a hearing to show cause why the cost, charge, or fee is either unreasonable or otherwise unjustified.
(Prior Code, § 5.285)  (Ord. 2016-13, passed 7-11-2016)