If the addressee of the written notice described in Section 35-78 fails to abate said nuisance within the time specified, the City of Grand Island, at the written request of the Building Department Director, or his/her designee directed to the City Attorney, and with the consent of the Mayor, may proceed to abate said public nuisance pursuant to Section 20-15 of the Grand Island City Code, and charge the costs thereof against the real estate on which the well is located and the addressee of the written notice.
In the event the use of the groundwater in violation of this Article might cause irreparable harm or poses a threat to public health, safety or welfare, or the health, safety or welfare of the persons using the groundwater, the written notice from the City Attorney to abate pursuant to Section 20-15 shall not be required as a condition precedent to commencing a legal action to obtain abatement of the nuisance. The City of Grand Island, with the consent of the Mayor, may immediately file an action requesting such temporary and permanent orders as are appropriate to expeditiously and permanently abate said public nuisances and protect the public health, safety or welfare or the health, safety or welfare of persons using the groundwater in violation of this Article.