(A) (1) Emergency abatement. Whenever the city is made aware of the existence of a public nuisance, the city will inspect the property on which it is alleged that such a public nuisance exists. Should the Enforcement Officer determine that a public nuisance exists and that the public health, safety or welfare may be in immediate danger, then the city will implement emergency abatement procedures and the city may cause the nuisance to be removed or abated. When an Enforcement Officer authorizes emergency abatement, notice to the owner, agent or occupant of the property is not required. Following emergency abatement, the city will post a notice on the property describing the action taken to abate the nuisance.
(2) Special requirements for snow and ice removal. The city recognizes that the accumulation of snow and ice on public sidewalks presents a public nuisance that is an immediate danger to public health, safety and welfare. In the beginning of winter, the city will remind the general public via various public education campaigns about snow removal requirements. Therefore, no prior notice is required in the event that the city needs to abate snow or ice removal. In addition, the city will not post a notice on the property, but rather the city will mail the notice to the property owner along with the abatement invoice.
(B) Abatement notice. If, after inspecting and documenting the property, the Enforcement Officer declares the existence of a public nuisance, but the nature of the nuisance is not such as to require emergency abatement of the nuisance, then the general abatement procedures will be followed.
(C) General abatement procedures.
(1) In cases where emergency abatement of a public nuisance is not required, the Enforcement Officer will serve a notice on the owner or responsible party, by regular mail, or by personal service, ordering the owner or responsible party to remove the public nuisance. The notice will contain the following information:
(a) Address of the property where the nuisance is located;
(b) The nature of the nuisance to be abated;
(c) A statement that in the event the owner or responsible party does not comply with the notice, the city or a contractor selected by the city may perform necessary work;
(d) A statement that if the owner or responsible party does not pay for the expense, the cost of the work will be assessed against the property; and
(e) A compliance deadline.
(2) The notice will require that the public nuisance must be removed within 48 hours after the date of receipt of the notice, unless another compliance deadline is stated.
(3) If the owner of the property or responsible party cannot be found, the notice will be posted on the property for a period of 48 hours, after which period the city may perform any necessary work to abate the nuisance. Notice by regular mail and notice by posting may be done simultaneously.
(D) Disclosure of responsible party.
(1) Upon the request of the Enforcement Officer, an owner or responsible party shall disclose the name of any other owner or responsible party known. This shall include the person for whom he or she is acting, from whom he or she is leasing the property, to whom he or she is leasing the property, or with whom he or she has any conveyancing contract.
(2) An owner or responsible party shall, upon the request of the Enforcement Officer, provide the officer with access to all interior portions of any occupied or unoccupied building in order to permit the officer to make a complete inspection.
(E) Authority to abate.
(1) The Enforcement Officer is authorized to enter in or upon the premises or structure for the purpose of enforcing and ensuring compliance with the provisions of this section.
(2) If the public nuisance has not been removed or resolved by the compliance deadline, the city has the authority to enter upon the property and abate the public nuisance. In abating the nuisance, the city may go to whatever extent necessary to complete the abatement of the public nuisance, including obtaining a court order. The city may call upon any of the city departments or divisions for whatever assistance is deemed necessary or may by private contract cause the abatement of the public nuisance.
(3) If any material derived from the abatement is salvageable, and the city does not receive a notice of appeal pursuant to division (G) below, the city may sell or otherwise dispose of the salvaged material with the proceeds from the sale going to the city's general fund.
(F) Abatement invoice. If the city performs the abatement work pursuant to division (E) above, the city will maintain a record showing the cost of the work attributable to each separate lot and parcel. Abatement costs shall include, but are not limited to, the cost of the abatement, the cost of investigation, such as title searches, inspection and testing, the cost of notification, filing costs and administrative costs, including an overhead charge of 25% for administrative costs.
(G) Appeals. An owner or responsible party may appeal a compliance letter for an abatement action by following the procedures to appeal an administrative citation set forth in § 36.02(D). Any personal property of value or salvageable property coming into possession of the city during the course of the abatement pursuant to division (E)S above will be stored by the city pending the outcome of the appeal.
(H) Assessment. In the event a property owner fails to pay the abatement invoice as described in division (F) above, the City Council reserve the right to assess the outstanding charges against the property in accordance with applicable state laws.
(Ord. 733, passed 1-8-2024)