If it is determined that a “nuisance” exists, as defined in § 6-4-1 of this chapter, the city shall enforce this chapter in one or more of the following ways.
(A) Municipal infraction. Any person, firm or corporation who causes the existence of a “nuisance”, as defined in § 6-4-1 of this chapter, or maintains such a nuisance or permits the same to exist shall be guilty of a municipal infraction.
(B) Simple misdemeanor. Any person, firm or corporation who causes the existence of a “nuisance”, as defined in § 6-4-1 of this chapter, or maintains such a nuisance or permits the same to exist shall be guilty of a simple misdemeanor.
(C) Abatement by city.
(1) Expenses. If the person, firm or corporation fails or neglects to abate a nuisance or condition, after notice the city may perform the required action to abate, keeping an accurate account of the expense incurred. The itemized expense account shall be filed with the City Clerk who shall pay such expenses on behalf of the city. The expenses incurred by the city may be collected as provided in § 1-4-2 of this code of ordinances, or in any of the following ways.
(a) Expenses to be billed. The Clerk shall mail a statement of the total expenses incurred by the city for abatement of the nuisance to the person, firm or corporation who has caused, maintained or allowed the nuisance to exist.
(b) Expenses to be applied to property taxes. The costs of abatement shall be certified by the Clerk to the County Treasurer, and assessed to the property owner of record, and collected in the same manner as general property taxes.
(2) Notice to abate. Prior to the abatement of a nuisance condition performed by the city, a written notice shall be served upon the person, firm or corporation causing or maintaining such nuisance.
(a) Method of service. The notice may be served by:
1. Personal service;
2. Certified mail addressed to the defendant at the defendant’s last known mailing address, return receipt requested; or
3. Publication in the form of an ordinance.
(b) Contents of notice. The notice to abate shall include:
1. The name and address of the person, firm or corporation who caused or allowed the existence of the nuisance;
2. A description of the nuisance;
3. The location of the nuisance;
4. A statement of the act or acts necessary to abate the nuisance;
5. A reasonable time within which to complete the abatement; and
6. A statement that if the nuisance is not abated as directed and no request for appeal or hearing is made within the time prescribed, the city will abate it and assess the costs as provided in this division (C).
(c) Request for hearing and appeal. Any person, firm or corporation upon whom a notice to abate has been served may have a hearing with the officer ordering the abatement as to whether a nuisance exists. A request for hearing must be made in writing and delivered to the officer ordering the abatement within the time stated in the notice.
(D) Abatement in emergency. If it is determined by the city manager or his designee that an emergency exists, the city may perform the required action to abate without prior notice. The city shall collect the costs as provided in division (C) above.
(Ord. C-199, passed 6-21-1994; Ord. D-52, passed 4-16-2019)