(A) Abatement by Council. When any notice given pursuant to § 97.09 is not complied with, such noncompliance shall be reported forthwith to the council for such action as may be necessary and deemed advisable by the council to abate and enjoin the further continuation of such nuisance. Unless the nuisance shall constitute a present serious threat to the health or safety of the habitants of the city, prior to authorizing expenditures to abate and enjoin the further continuation of such nuisance, the City Administrator shall notify in writing the occupant or owner of record whom, shall have seven days from the mailing of such notice to file a written objection to the contemplated action with the City Administrator. The written objections shall be deemed complete upon the delivery of a signed written objection at City Hall during business hours. A hearing on such objection shall be set by the City Administrator for the next available meeting of the City Council and the occupant or owner of record objecting shall be notified of the time, date and place of such hearing. Notice shall be considered served upon mailing to the property owner or posting such notice on the premises, upon holding the hearing, the Council may order abatement of the nuisance by obtaining an administrative search and seizure warrant and abate the nuisance. Such search and seizure shall authorize the city to enter the premise to correct the nuisance and to dispose of any and all conditions constituting a nuisance in a commercially reasonable manner, including the destruction or sale of the property. Nothing in this section prevents law enforcement or the designated city official to request the City Attorney's office bring criminal charges for violation of this chapter or other federal or state law regulating the activity.
(B) Emergency procedure; summary enforcement. In cases of emergency, where delay in abatement required to complete the procedure and notice requirements as set forth in divisions (A) and (B) of this section will permit a continuing nuisance to unreasonably endanger public health, safety or welfare, the City Council may order summary enforcement and abate the nuisance. To proceed with summary enforcement, the designated official shall determine that a public nuisance exists or is being maintained on premises in the city and that delay in abatement will unreasonably endanger public health, safety or welfare. The designated official shall notify in writing the occupant or owner of the premises of the nature of the nuisance, whether public health, safety or welfare will be unreasonably endangered by delay in abatement required to complete the procedure set forth in division (A) of this section and may order that the nuisance be immediately terminated or abated. If the nuisance is not immediately terminated or abated, the City Council may order summary enforcement and abate the nuisance.
(C) Immediate abatement. Nothing in this section shall prevent the city, without notice or other process, from immediately abating any condition that poses an imminent and serious hazard to human life or safety.
(D) Unlawful parties or gatherings. When a designated official determines that a gathering is creating a noise disturbance as prohibited under § 97.04, the officer may order all persons present, other than the owner or tenant of the premises where the disturbance is occurring, to disburse immediately. No person shall refuse to leave after being ordered to do so by law enforcement. Every owner or tenant of the premises who has knowledge of the disturbance shall make every reasonable effort to see that the disturbance is stopped.
(E) Judicial remedy. Nothing in this section shall prevent the city from seeking a judicial remedy rather than proceeding with administrative abatement procedures.
(Ord. 553, passed 3-14-2016) Penalty, see § 97.99