§ 55.42 VIOLATIONS DEEMED A PUBLIC NUISANCE.
   (A)   In addition to the penalties provided in § 55.99, any condition caused or permitted to exist in violation of any of the provisions of this chapter is a threat to the public health, safety and welfare, and may be declared and deemed a nuisance, and may be summarily abated and/or restored by the city pursuant to a civil action to abate, enjoin or otherwise compel the cessation of such nuisance prosecuted by the City Attorney's office. The cost of such abatement and restoration shall be borne by the owner of the property and such cost shall be invoiced to the owner. If the invoice is not paid within 60 days of issuance, a lien may be placed on the property for such amount. If the lien is not satisfied by the owner of the property within three months after the completion by the Director of Public Works or designee of the required monitoring and/or analyses and reports, the property may be sold in satisfaction thereof in a like manner as other real property is sold under execution.
   (B)   If any violation of this chapter constitutes a seasonal and recurrent nuisance, the Director of Public Works shall so declare. Thereafter such seasonal and recurrent nuisance shall be abated every year without the necessity of any further hearing.
   (C)   In any administrative or civil proceeding under this chapter in which the city prevails, the city shall be awarded all costs of investigation, administrative overhead, out-of-pocket expenses, costs of administrative hearings, costs of suit and reasonable attorney's fees.
(Ord. 1213, passed 8-6-97; Am. Ord. 1570, passed 5-5-10) Penalty, see § 55.99