If the official determines there to be an imminent threat to the health and safety of any person or property, or the creation of a disturbance of the peace and quiet of any neighborhood, they may proceed as follows:
A. Abatement: Upon authority of the Mayor, or if unavailable, the President of the Council or, if also unavailable, two (2) Council members, may take such action as appropriate and necessary to temporarily abate such as being a nuisance until notice and opportunity to be heard as herein provided can occur. If the condition is a fire hazard or hazardous material, the Fire Chief or in his absence the Assistant Fire Chief will have authority to act without prior authorization of the above referenced Mayor or Council members.
B. Action To Abate: Actions to temporarily abate a nuisance prior to notice and hearing shall be such as are necessary and reasonable to protect the health and safety of persons and property, or to maintain the peace and quiet of the neighborhood until further proceedings, as provided for herein, can be conducted. Such actions may include, but are not limited to, capture and containment of pets, livestock and other animals, removal of combustible material, creation of firebreaks to reduce risk of fire, restricting access to hazardous conditions and/or removal of contaminated and/or hazardous materials, which are not otherwise subject to State and/or Federal laws and regulations. It is the intent and purpose that the authority provided herein shall be in addition to all other applicable State or Federal regulatory and/or statutory authority.
C. Costs And Expenses: The costs and expenses of temporary abatement may be advanced by the City if the person responsible for the nuisance is not immediately identifiable or available or will not either comply with the recommended or requested abatement or advancement of requested costs. All costs and expenses advanced by the City for the temporary or permanent abatement of nuisances shall be assessed against the owners of the property and/or the person or persons responsible for the creation of the nuisance, who shall be jointly and severally liable to reimburse the City therefor. (Ord. 102, 6-9-2004)