(A) All complaints alleging the existence of a public nuisance shall be filed with the Nuisance Enforcement Coordinator or the Coordinator's designee.
(B) The Nuisance Enforcement Coordinator or the Coordinator's designee shall promptly inspect the premises or cause them to be inspected and shall make a written report of the findings of the inspection. Whenever practical, photographs of the premises shall be attached to the written report. The Nuisance Enforcement Coordinator or the Coordinator's designee shall keep all such written reports on file for at least three years.
(C) Upon determining that a public nuisance exists on private property and that there is danger to the public health, safety, peace, morals or decency, the Nuisance Enforcement Coordinator or the Coordinator's designee shall cause such a notice to be served on the owner or occupant of the private property where the public nuisance exists or upon the person causing, permitting or maintaining such nuisance or post a copy of the notice on the premises where the public nuisance exists.
(D) Such notice shall specifically describe the public nuisance and shall direct the owner or the occupant of the private property where the public nuisance exists or the person causing, permitting or maintaining such nuisance to abate or remove such nuisance within ten days of service or posting of the notice, except in regards to vegetation whereby abatement or removal shall be completed within three days of service or posting of the notice and except in regards to an inoperable or unlicensed vehicle whereby abatement or removal shall be completed within seven days of service or posting of the notice. If such owner, occupant or person cannot be located after reasonable inquiry, posting shall be sufficient notice. The notice shall state that unless such nuisance is so abated or removed the city will cause it to be abated or removed, that the cost thereof will be charged to the owner, occupant or person causing, permitting or maintaining the nuisance and that such cost shall be a lien on the real property where the nuisance was abated or removed. Such notice shall also state that the failure of such owner, occupant or person to abate the nuisance as required by such notice shall be deemed an implied consent for the city to abate or remove such nuisance. Such implied consent shall be deemed to form a contract between such owner, occupant or person and the city. If the public nuisance does not constitute a great and immediate danger to the public health, safety or welfare, the Nuisance Enforcement Coordinator or the Coordinator’s designee may serve the owner or occupant of such premises or the person in whose name such real estate was last billed for property tax purposes a notice to demand the abatement or removal of the violation within ten days. Service may be had by certified mail or personal service or by posting the notice on the property and mailing notice by first class mail.
(E) If a nuisance is not abated or removed after notice pursuant to this section and within the time specified in the notice, the Nuisance Enforcement Coordinator or the Coordinator's designee may cause the abatement or removal of such public nuisance. The reasonable cost thereof shall be a lien on the real property where the nuisance was abated or removed.
(F) The owner or occupant of the private property where the public nuisance exists who fails to abate or to remove the nuisance required by this section thereby consents under the terms of this section to have the city abate or remove the nuisance. Further, the owner or occupant thereby also consents to the formation of a contract between the owner and occupant and the city for the payment of costs in relation to abatement or removal of the nuisance.
(G) The person upon whom a notice to abate a nuisance is served, the property owner, tenant or other affected person may appeal the determination of nuisance in writing to the Nuisance Enforcement Coordinator or the Coordinator's designee. The written appeal must be made within the time period in which to abate the nuisance is given in the notice. The Nuisance Enforcement Coordinator or the Coordinator's designee shall meet with the appellant within five working days of the receipt of the written appeal. The Nuisance Enforcement Coordinator or the Coordinator's designee may extend the time in which the nuisance must be abated, determine that a nuisance does not or no longer exists or that the nuisance must be abated within the time period set out in the notice or immediately if the period has run. Provided, however, that if the nuisance was determined to be an emergency and that the opportunity for an appeal was not available due to the short period of time to abate the nuisance, an appeal may be heard after the abatement of the nuisance by the city. In that event, the Nuisance Enforcement Coordinator or the Coordinator's designee may determine that the appellant is liable for the costs or that upon good cause shown, that the appellant is not liable for the costs and that a lien shall not be filed by the city upon the property. The notice to abate shall contain a statement as to the right of appeal.
(Ord. 2004-5182, passed 6-1-2004; Am. Ord. 2010-5310, passed 9-7-2010; Am. Ord. 2010-5313, passed 12-7-2010)