(A) This section applies whenever the Chief of Police, or his or her designee, determines that a nuisance is occurring.
(B) The official shall pursue a reasonable attempt to secure voluntary correction by contacting the person responsible for the nuisance, where possible, explaining the nuisance and requesting correction.
(C) A voluntary correction agreement may be entered into between the person responsible for the nuisance and the city, acting through the official.
(1) The voluntary correction agreement is a contract between the city and the person responsible for the nuisance under which such person agrees to abate the nuisance within a specified time and according to specified conditions. The voluntary correction agreement shall include the following:
(a) The name and address of the person responsible for the nuisance;
(b) The street address or a description sufficient for identification of the building, structure or premises upon which or within which the nuisance is occurring;
(c) A description of the nuisance;
(d) The necessary corrective action to be taken and a date or time by which correction must be completed;
(e) An agreement by the person responsible for the nuisance that the city may inspect the premises as may be necessary to determine compliance with the voluntary correction agreement;
(f) An agreement by the person responsible for the nuisance that the city may abate the nuisance and recover its costs and expenses, including attorneys’ fees, and a monetary penalty pursuant to this subchapter from the person responsible for the nuisance if terms of the voluntary correction agreement are not met; and
(g) An agreement that by entering into the voluntary correction agreement, the person responsible for the nuisance waives the right to an appeal of the nuisance and/or the required corrective action.
(2) The person responsible for the nuisance waives the right to an appeal of the nuisance and the required corrective action upon entering into a voluntary correction agreement.
(3) The city shall have the right to inspect the subject property to determine compliance with the terms of the voluntary correction agreement.
(4) An extension of the time limit for correction or a modification of the required corrective action may be granted by the official if the person responsible for the nuisance has shown due diligence and/or substantial progress in abating the nuisance but unforeseen circumstances render abatement under the original conditions unattainable.
(5) The city may abate the nuisance if the terms of the voluntary correction agreement are not met.
(6) If the terms of the voluntary correction agreement are not met, the person responsible for the nuisance shall be assessed a monetary penalty commencing on the date set for correction and thereafter, in accordance with § 10.99, plus all costs and expenses of abatement.
(Ord. 2015-5, passed 7-16-2015) Penalty, see § 92.999