A. Nonsummary Abatement:
1. Notice To Owner Or Responsible Party:
a. The Health Officer may serve or cause to be served a notice, in writing, upon the owner, agent, occupant or person in possession, charge or control of any lot, building or premises or item of personalty in or upon which any nuisance exists. Additionally the Health Officer may serve or cause to be served a notice, in writing, upon any person responsible for the discharge, deposit, dumping or abandonment in or upon any lot, building, premises, roadway or right of way, of any item of personalty in or upon which any nuisance exists requiring the person to abate the same within a specified reasonable time, in such manner as the notice shall direct.
b. An appeal to the Board of Health from any notice shall be provided if a written request for a hearing is filed with the Health Department within the time established for the abatement of the nuisance.
2. Failure To Abate: If the person so served and notified does not abate the nuisance within the specified reasonable time, the corporate authorities may proceed to abate the nuisance in any or all manner allowable by law, including, without limiting the generality thereof, the following:
a. Seeking to impose a monetary "penalty" as defined by Section 4-1-6 of this Chapter by instituting an ordinance enforcement action.
b. Seeking to enjoin the continuation of the nuisance by filing of a lawsuit in a court of competent jurisdiction.
c. All expenses incurred thereby shall be paid by the owner, agent, occupant, or person in possession of said property and the same shall be a lien upon said property. Any person responsible for the discharge, deposit, dumping or abandonment in or upon any lot, building, premises, roadway or right of way of any item of personalty in or upon which any nuisance exists shall pay all expenses of abatement.
B. Summary Abatement: Whenever, in the opinion of the Health Officer, a nuisance creates an imminent threat of serious injury to persons or serious damage to persons or real property, or if the nuisance can be abated summarily without or with only minor damage to the items or premises which are creating the nuisance, and the continuation of the nuisance poses a substantial threat of injury to persons or property or a substantial interference with the quiet enjoyment of life normally present in the community, the Health Officer shall proceed to abate such nuisance; provided, further, that whenever the owner, occupant, agent or person in possession, charge or control of the real or personal property which has become a nuisance is unknown or cannot readily be found, the Health Officer may proceed to abate such nuisance without notice. Where the abatement of the nuisance requires continuing acts by the corporate authorities beyond the initial summary abatement and any other additional emergency abatements, it shall seek statement of such nuisance on a permanent basis through judicial process as soon as readily possible. (Ord., 10-20-1992)