A. Summary Abatement: Some nuisances may be of such nature as to constitute a grave and immediate danger to the peace, health, safety, morals, or welfare of one or more persons or of the public generally; an attractive nuisance to children; or implicate a crime under other ordinance or statute. It is recognized that emergency circumstances may be such as to justify, and even to require, the city manager or other appropriate officer or agency of the city government to take immediate and proper action summarily to abate such nuisances, or to reduce or suspend the danger until more deliberate action can be taken toward such abatement in accordance with this chapter.
B. Right Of Entry: Upon sworn affidavit and probable cause being shown that a nuisance exists that constitutes such a grave and immediate danger to the peace, health, safety, morals, or welfare of one or more persons or of the public generally; an attractive nuisance to children; or implicate a crime under other ordinance or statute, the judge of the municipal court may issue a search warrant authorizing the chief of police, chief of the fire department, fire marshal, building inspector, electrical inspector, code enforcement officer, city manager or any person acting under orders from any of the named officers, to enter into and upon, and examine at any and all times, all buildings, lots and places of all description within the corporate limits of the city for the purpose of ascertaining the condition thereof. Such named officers or their designees shall have, and they are vested with, the power, jurisdiction and authority to give all such direction and adopt all such measures for rectifying or correcting any condition which may be a nuisance within the scope of this subsection prior to the institution of proceedings for the abatement, removal or prevention of same. Where obtaining such a warrant is impossible or impractical, such officers may proceed as described in this subsection in the absence of a warrant, but only with prior authorization from the city manager, or his designee, in consultation with legal counsel. In such event, the judge of the municipal court may find probable cause post facto. So long as officers of the city are acting in good faith and within the scope of their duties under this subsection, they shall be indemnified and held harmless from damages to person or property resulting from such entry. Where the condition is voluntarily removed, abated or prevented by the property owner, whether so directed by city officials or otherwise, no formal proceedings for abatement, prevention or removal of same shall be necessary.
C. District Court Action: In cases where it is deemed impractical summarily to abate any nuisance described in this section, the city may bring suit in the district court of the county and it is hereby made the duty of the city council, by the adoption of a resolution either prior to or, under emergent circumstances in subsequent endorsement of, bringing such suit for the purpose of abating any such nuisance. The district court shall have jurisdiction of any such case and power to adjudge and determine any action brought under the provisions hereof, and where it is adjudged that any such nuisance exists or is maintained and should be abated, such court shall have the power and authority, either by and through a commissioner appointed by such court, or otherwise, to cause such nuisance to be abated and to assess all the costs thereof, including the costs of suit, against the property on which such nuisance existed or is maintained, and to declare such costs a judgment against said property and order and direct the sale of said property for the purpose of satisfying said judgment and shall cause the same to be sold and proceeds thereof applied to the payment of the costs of abating any such nuisance. (Ord. 646, 3-21-2011)