(A) Non-emergency procedure. Whenever the peace officer or other designated official determines that a public nuisance is being maintained or exists on the premises in the city, the official shall notify in writing the owner of record or occupant of the premises of such fact and order that the nuisance be terminated or abated. The notice of violation shall identify the nature of the nuisance; specify the steps to be taken to abate the nuisance and the time within which the nuisance is to be abated. If the notice of violation is not complied with within the time specified, the official shall report that fact forthwith to the City Council. Thereafter, the City Council may, after notice to the owner or occupant and an opportunity to be heard, determine that the condition identified in the notice of violation is a nuisance and further order that if the nuisance is not abated within the time prescribed by the City Council, the city may seek injunctive relief by serving a copy of the City Council order and notice of motion for summary enforcement or obtain an administrative search and seizure warrant and abate the nuisance.
(B) The city may take any and all steps necessary to abate the nuisance of animals running at large, which could include catch and release, boarding, or euthanasia.
(C) Notice(s). Written notice of the violation; notice of the time, date, place, and subject of any hearing before the City Council; notice of the City Council order; and notice of motion for summary enforcement hearing shall be served by a peace officer or designated official on the owner of record and/or the occupant, if other than the owner, of the premises either in person or by certified or registered mail. For purposes of serving by certified mail, the addressee is considered to have been served the notice five days after the date appearing on the certificate of mailing. If the premise is not occupied, the owner of record is unknown, or if the owner of record or occupant refuses to accept notice, notice of the violation shall be served by positing it on the premises.
(D) Appeal.
(1) The property owner or occupant may appeal said notice to the City Council provided that any appeal must be submitted in writing to the City of Goodview not later than ten days following receipt of the notice.
(2) If the property owner or occupant requests an appeal in compliance with the provisions of this section, a hearing shall be held before the City Council. Following said hearing, the City Council shall by resolution determine whether a nuisance is evident. Upon the finding of a nuisance, the City Council shall order that the cited conditions be removed, stored, or eliminated within ten days.
(3) If an appeal to the City Council’s order is not made to the District Court within 10 days following the City Council’s decision and the property owner or occupant has not brought the property into compliance as ordered, the city shall initiate action to abate the nuisance.
(E) Emergency procedure; summary enforcement. In cases of emergency, where delay in abatement required to complete the procedure and notice requirements as set forth in divisions (A) through (D) of this section will permit a continuing nuisance to unreasonably endanger public health, safety, or welfare, the City Administrator or his or her designated representative may order summary enforcement and abate the nuisance. To proceed with summary enforcement, the peace officer or other designated official shall determine that a public nuisance exists or is being maintained on premises in the city and that delay in abatement will unreasonably endanger public health, safety, or welfare. The officer or designated official shall notify in writing the occupant or owner of the premises of the nature of the nuisance, whether public health, safety, or welfare will be unreasonably endangered by delay in abatement required to complete the procedure set forth in division (A) of this section and may order that the nuisance be immediately terminated or abated. If the nuisance is not immediately terminated or abated, the City Administrator may order summary enforcement and abate the nuisance.
(F) Immediate abatement. Nothing in this section shall prevent the city, without notice or other process, from immediately abating any condition that poses an imminent and serious hazard to human life or safety.
(G) Unlawful parties or gatherings. When law enforcement determines that a gathering is creating such a noise disturbance as prohibited under § 92.18(W), the officer may order all persons present, other than the owner or occupant of the premises where the disturbance is occurring, to disburse immediately. No person shall refuse to leave after being ordered to do so by law enforcement. Every owner or occupant of such premises who has knowledge of the disturbance shall make every reasonable effort to see that the disturbance is stopped.
(H) Judicial remedy. Nothing in this section shall prevent the city from seeking a judicial remedy when no other adequate administrative remedy exists. The City Attorney is empowered and directed, in addition to other remedies provided by law, and in the name of the city, to institute appropriate action or proceedings to restrain and abate a public nuisance.
(Ord. 2011-01 (87.1), passed 1-24-2011)