(A) Order to Abate. When a property is found to be a public nuisance the Public Nuisance Administrator may order the owner, and person(s) occupying the premises where appropriate, to abate the public nuisance within 10 days. Any person in the position of owner, at the time an order pursuant to this Code is issued and served upon him or her, shall be responsible for complying with that order and liable for penalties and costs associated therewith.
(B) Abatement Plan. Within 10 days of the issuance of the order to abate the public nuisance, the owner may elect to file an abatement plan which must include one of the following terms:
(1) Rehabilitation Plan. A plan that sets forth a practicable rehabilitation schedule designed to eliminate any condition constituting a public nuisance. The Public Nuisance Administrator will not approve plans that do not remove all nuisances within a three (3) month period;
(2) Property Sales Plan. A plan that places the property for sale with a licensed realtor or causes weekly publication in a newspaper of general circulation, an advertisement of sale of the property;
(3) Demolition Plan. A plan indicating the intent to timely demolish accompanied by a properly issued demolition permit.
(C) Terms of Plans
(1) Specified Time Periods. In order to be approved each Abatement Plan must contain a date certain for completion, to be no longer than three (3) months following the finding of the public nuisance. The Public Nuisance Administrator may extend the plan for one period, not to exceed three (3) months, for good cause, upon proper showing of substantial work completed on the plan, or extreme hardship.
(2) Financial Ability. The owner must present information with the Abatement or Demolition Plan regarding his/her financial ability to complete rehabilitation or demolition within the prescribed time period. The Public Nuisance Administrator will provide information to the owner regarding financial assistance that may be available through City programming.
(D) Plan Approval. The Public Nuisance Administrator shall examine the owner’s proposal and timetable to see if it is a reasonable response which will eliminate the nuisance condition on the premises or related to a structure. If the Public Nuisance Administrator determines that the proposed timetable outlined to rehabilitate, sell, or demolish is reasonable and the proposed work will result in bringing the structure into compliance with the law, then the owners proposal shall be approved and become an order of the Public Nuisance Administrator.
(E) Plan Disapproval. If the Public Nuisance Administrator determines that the timetable is unreasonable, or that the proposed work program will not bring the structure or premises in compliance with law or that there is no financial ability to complete the work program, the Public Nuisance Administrator shall disapprove the proposal, state the reasons therefore in writing, and the City shall continue enforcement of the abatement order to require securing of the structure, sale of property, rehabilitation, and/or demolition.
(F) Abatement Costs. If the owner fails to abate the nuisance within the 10 day period following the finding of the public nuisance or otherwise fails to respond with an appropriate abatement plan, the Public Nuisance Administrator, may issue a supplemental order requiring the owner to abate the nuisance or pay costs to the City for such abatement. Such costs may be certified by Council to the County Auditor and placed upon the tax duplicate for collection as a special assessment and thereupon shall be collected as other taxes and assessments.
(Ord. 124-06. Passed 04-24-2006.)