(A) Standard abatement.
(1) Except for the abatement of public nuisance vehicles governed by § 92.25 and except as otherwise provided under subdivisions (B), (C), and (D) below, the following abatement procedure applies to all public nuisances. Whenever the officer who is charged with enforcement determines that a public nuisance is being maintained or exists on property, the officer must give written notification to the property owner and occupant or other responsible party of that fact and order that the nuisance be terminated and abated. Notice must be served in person or by certified mail. Failure of the party to receive the certified mail does not invalidate the service of the notice. Notice to the owner will be satisfied by notice to the person listed as the taxpayer on the county's tax records. If the property is not occupied, the owner is unknown, or no other responsible party can be reasonably identified, notice may be served by posting it on the property for a period of at least 72 hours.
(2) The notice of violation shall specify the steps to be taken to abate the nuisance and the time within which the nuisance is to be abated, not to exceed 30 days. If the notice of violation is not complied within the time specified, the official shall report that fact forthwith to the City Administrator. Thereafter, the City Administrator will send an additional notice of violation. The notice shall specify the steps to be taken to abate the nuisance and the time within which the nuisance is to be abated, not to exceed 30 days. If the notice of violation is not complied within the time specified, the City Administrator shall report that fact forthwith to the City Council. Thereafter, the City Council may, after notice to owner or occupant had an opportunity to be heard, determine that the conditional identified in the notice of violation is a nuisance and further order that if the nuisance is not abated with the time prescribed by the City Council, the city may take any and all action necessary to abate said nuisance immediately and may assess to the landowner any and all costs incurred therein, including legal fees and cost, and said assessment shall be a specific lien against any real estate owned by said landowner.
(B) Notice. The notice must state:
(1) The property location of the public nuisance;
(2) The nature of the public nuisance, with reference to the appropriate code provision;
(3) The steps to be taken to abate the nuisance and a reasonable amount of time, within which the nuisance is to be abated;
(4) That if the owner, occupant, or other responsible party does not comply with the notice within the time specified, the city may provide for abating the nuisance;
(5) That the owner, occupant, or other responsible party has the right to appeal the designation as a public nuisance by submitting a request in writing to the City Clerk before the date by which abatement must be completed or within 7 calendar days after service of the notice, whichever comes first; and
(6) That the city may assess its costs against the property in accordance with this section. If no timely appeal is submitted and the nuisance is not abated within the deadline given, the enforcement officer may proceed to abate the nuisance. If a timely appeal is submitted, the matter must be scheduled for a hearing before the City Council. A notice of the hearing must state the date, time, and location of the City Council hearing, must be served in the same manner as the abatement notice, and must be given at least 10 days before the hearing. After holding the hearing, the City Council may issue an order requiring abatement of the nuisance.
(C) Summary abatement.
(1) The police officer may provide for abating a public nuisance without following the standard abatement procedure required in division (A) above when:
(a) There is an immediate threat to the public health or safety;
(b) There is an immediate threat of serious property damage;
(c) A public nuisance has been caused by private parties on public property; or
(d) There has been a violation of § 92.23
(2) If the enforcing officer abates the nuisance under this section, the officer must reasonably attempt to notify the owner, occupant, or other responsible party of the intended action and the right to appeal the abatement and any cost recovery at the next regularly scheduled City Council meeting.
(D) Major abatement. When the enforcement officer determines that the cost of abating a nuisance will exceed $5,000 based on a reasonable, good faith estimate, the standard abatement procedure provided in division (A) is altered in the following manner:
(1) The abatement notice must provide that if the party does not abate the nuisance within the time specified, the matter will be referred to the City Council for a hearing; and
(2) The abatement notice must specify the date, time, and location of the City Council hearing.
(E) Cost recovery. The owner of property on which a nuisance has been abated by the city, or a person who has caused a public nuisance on property not owned by that person, is personally liable to the city for the cost of the abatement, including administrative costs. Unpaid charges constitute a lien against the premises where the abatement occurred on and after the date they were incurred. A property that is the subject of multiple nuisance abatements within any continuous 60-month period may be charged additional administrative fees as follows, except when the City Council determines that there are mitigating circumstances to reduce or eliminate the fee: for the second abatement $100.
(Ord. passed 9-7-2004; Ord. passed - -)
Penalty, see § 10.99