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Whenever an order has been given by the floodplain administrator, or designee, or code compliance officer to abate any violation of this article under the provisions of § 7-371 the owner thereof shall have the right, within the period of time given in the order for abatement, to appear at the office of the floodplain administrator with a written explanation to show cause why such order should not or cannot be complied with, and the floodplain administrator may, at his or her discretion, give such extension of time for the abatement or removal of such violation as may be necessary, provided that there is no immediate danger to the public health, safety or general welfare.
(Ord. 11998, § 1, passed 6-13-1995; Ord. 25350-03-2022, § 1, passed 3-8-2022, eff. 3-23-2022)
The owner of any property found to be in violation under the provisions of this article may abate the violation at any time within the abatement period by repair or removal. The floodplain administrator shall be advised in writing by the owner of the property that the abatement has occurred and may inspect the premises to ensure that the violation has been abated. Should any of the items which constitute a violation be placed on other public or private property without consent from the owner or person in control of such property, this will constitute a separate violation of this article and appropriate enforcement action shall be taken by the floodplain administrator or his or her designee or any code compliance officer.
(Ord. 11998, § 1, passed 6-13-1995; Ord. 25350-03-2022, § 1, passed 3-8-2022, eff. 3-23-2022)
If a violation is not properly abated within the period established under the provisions of § 7-371, the city council shall hold a public hearing to determine if the violation should be abated under the police powers of the city.
(Ord. 11998, § 1, passed 6-13-1995; Ord. 25350-03-2022, § 1, passed 3-8-2022, eff. 3-23-2022)
A written notice of the public hearing before the city council shall be served on the property owner at least ten days prior to the date set for the public hearing. Service shall be made upon the owner by personal service, or by certified or registered mail. If made by certified mail, services shall be effective on the date the notice is deposited in the United States mail. If there is no known address for the owner, the notice of the hearing shall be published in a newspaper of general circulation in the city at least ten calendar days before the hearing. The failure of any person to receive such notice shall not affect the validity of the proceedings.
(Ord. 11998, § 1, passed 6-13-1995; Ord. 25350-03-2022, § 1, passed 3-8-2022, eff. 3-23-2022)
At the public hearing, the city council shall hear and consider all relevant evidence, objections or protests and shall receive testimony from owners, witnesses, city personnel and interested persons relative to such alleged violation and to proposed abatement measures. The hearing may be continued from time to time.
(Ord. 11998, § 1, passed 6-13-1995; Ord. 25350-03-2022, § 1, passed 3-8-2022, eff. 3-23-2022)
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