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(A) If a nuisance exists on private real property which poses an imminent threat to the public health, safety, or welfare and the circumstances, taken as a whole, do not allow the city to seek authorization to enter the property from the Municipal Court or other court to abate the nuisance, the Enforcement Officer or other appropriate city official is authorized to immediately enter said property and cause the summary abatement thereof.
(B) In the event the Enforcement Officer or other city official acts pursuant to the authority under division (A) above, said person shall provide written notice, sent by certified mail, to the person-in-charge and/or owner, if different, at the address shown on the county tax records or such other address as is reasonably calculated to apprise the person-in-charge and/or owner as to the summary abatement, in expeditious manner, but in no event more than five business days after the summary abatement. In addition, the Officer shall prepare a declaration for the file setting out the date and time of the mailing of the notice by certified mail.
(C) The notice shall contain:
(1) The street address or legal description sufficient to identify the property or otherwise where the nuisance was summary abated;
(2) A description of the nuisance and specific code provision(s) declaring summary abatement thereof;
(3) The action(s) taken by the city to abate the nuisance;
(4) What further action(s) the person-in-charge and/or owner may be required to take to address the nuisance, its impacts, and/or residual effects of the abatement;
(5) To the extent known, the costs incurred by the city as a result of the summary abatement and whether the city will look to the person-in-charge and/or owner for payment of all or part thereof; and
(6) The person-in-charge and/or owner may challenge the summary abatement by filing a written petition with the Municipal Court within ten days of the date of the notice briefly setting out the basis for the challenge.
(D) In the event the person-in-charge and/or owner files a properly and timely written petition with the Municipal Court within the time specified in division (C) above, the Court shall conduct a hearing pursuant to § 91.052.
(Ord. 2016-13, passed 7-11-2016)