(A) Abatement by responsible person.
(1) Within ten days after the posting and mailing of such notice, as provided in § 91.08(A) of this chapter, the person responsible shall remove the nuisance or show that no nuisance exists.
(2) A person responsible, protesting that no nuisance exists, shall file with the City Superintendent a written statement which shall specify the basis for so protesting.
(3) The statement shall be referred to the City Council as a part of its regular agenda at its next succeeding meeting. At the time set for consideration of the abatement, the person protesting may appear and be heard by the Council; and the Council shall determine whether or not a nuisance in fact exists; and the determination shall be entered in the official minutes of the Council. Council determination shall be required only in those cases where a written statement has been filed as provided.
(4) If the Council determines that a nuisance does in fact exist, the person responsible shall, within ten days after the Council determination, abate the nuisance.
(B) Joint responsibility. If more than one person is a person responsible, they shall be jointly and severally liable for abating the nuisance or for the costs incurred by the city in abating the nuisance.
(C) Abatement by the city.
(1) If, within the time allowed, the nuisance has not been abated by the person responsible, the Council may cause the nuisance to be abated.
(2) The officer charged with abatement of the nuisance shall have the right at reasonable times to enter into or upon property to investigate or cause the removal of a nuisance.
(3) The City Superintendent shall keep an accurate record of the expense incurred by the city in physically abating the nuisance and shall include therein a charge of $10 or 10% of those expenses (whichever is the greater) for administrative overhead.
(D) Assessment of costs.
(1) The City Superintendent shall send to the person responsible a notice by registered or certified mail stating:
(a) The total cost of abatement, including the administrative overhead;
(b) The cost as indicated will be assessed to and become a lien against the property unless paid within 30 days from the date of the notice; and
(c) If the person responsible objects to the cost of the abatement as indicated, he or she may file a notice of objection with the city not more than ten days from the date of the notice.
(2) Upon the expiration of ten days after the date of the notice, the Council, in the regular course of business, shall hear and determine the objections to the costs assessed.
(3) If the costs of the abatement are not paid within 30 days from the date of the notice, an assessment of the costs, as stated or as determined by the Council, shall be made by resolution and shall thereupon be entered in the docket of city liens and, upon such entry being made, shall constitute a lien upon the property from which the nuisance was removed or abated.
(4) (a) The lien shall be enforced in the same manner as liens for street improvements are enforced and residents shall bear interest at the rate set by the Council by resolution.
(b) The interest shall commence to run from the date of the entry of the lien in the lien docket.
(5) An error in the name of the person responsible shall not void the assessment, nor will a failure to receive the notice of the proposed assessment render the assessment void, but it shall remain a valid lien against the property.
(Ord. 94-09, passed 12-16-1994)