(A) General. The owner or other interested party of private property on which a public nuisance has been declared must, upon the demand of a public officer, permit access to all portions of the property and structures thereon at any reasonable time for the purposes of inspection, remediation and abatement as often as the public officer deems necessary and shall exhibit and allow the copying of all records necessary to ascertain compliance with this section. Any public nuisance upon privately-owned property shall be removed and abated by the owner or other interested party at their own cost after notice, as provided in § 130.38 of this chapter. If such notice is not complied with, the city shall cause removal or abatement of such nuisance, and the cost thereof shall be charged against the property in the manner provided in § 130.40 of this chapter and collected in the manner set forth in § 130.40 of this chapter.
(B) Appeals, summary abatement. When a public nuisance is declared, the owner of the private property may appeal the declaration, including an order for abatement, by filing a written request for a hearing with the City Attorney’s Office within ten calendar days of the issuance of the notice of public nuisance. A hearing shall be held within 30 calendar days thereafter, and may be conducted by the City Administrator or his or her designee. The owner of the property may be held responsible for the actual costs of the hearing. If, as a result of the appeal, the existency of the public nuisance is sustained, the owner of the private property shall abate the nuisance as directed by the City Administrator’s appeal order. If the order of the City Administrator is not complied with, the city may abate said nuisance as provided in § 130.40 of this chapter. Where a declared public nuisance constitutes, in the sole determination of the city, an imminent threat to the public health or safety, an immediate threat of serious property damage or the nuisance has been caused by the actions of private parties on public property, the city may order the immediate abatement thereof notwithstanding this provision. Where there has been summary abatement, any properly filed appeal thereafter will be limited to the issue of cost recovery by the city.
(2004 Code, § 130.34) (Ord. 09-0521, passed 9-22-2009) Penalty, see § 130.99