Whenever the City Administrator or designee determines with reasonable certainty that a public nuisance as defined in Section 4-1-1(C) is being maintained or exists on private or public property in the city, the city is authorized to abate a public nuisance according to the procedures in this chapter.
A. The city shall notify in writing the owner of record of the premises that a public nuisance exists and order that the nuisance be terminated or abated. The notice shall be given in person or by posting the notice on the property and by mail. Failure of any party to receive the notice does not invalidate the service of the notice. A copy will be on file at the city offices.
B. The notice of abatement shall state that unless the public nuisance is abated by the owner, it will be abated by the City at the expense of the owner. The notice shall specify the control measures to be taken to abate the nuisance and provide ten (10) days, or a reasonable timeframe as determined by the City Administrator or designee, for the nuisance to be abated. The notice shall also state that the owner has the right to appeal the determination that a public nuisance as defined in Section 4-1-1(C) exists by submitting a request in writing to the City Clerk within seven (7) days after service of the notice, or before the date by which abatement must be completed, whichever comes first.
C. If no timely appeal is submitted, and the control measures prescribed in the notice of abatement are not complied with within the time provided by the notice or any additional time granted, the City Administrator or designee shall have the authority to obtain permission from the owner or individual in control of the property or other legal authorization, enter the property and carry out abatement in accordance with the notice of abatement.
(Ord. 1040, 1-19-2021)