(A) Immediate action. The City Manager may take immediate, reasonable measures to abate any nuisance, nuisance factor, or cause of nuisance, without prior approval or order of Council, if, in the opinion of the City Manager, the public health or safety requires immediate action, or if the responsible person cannot be contacted or refuses or fails to correct an emergency condition within the time ordered. In circumstances where the public health or safety does not require immediate action, the City Manager may take reasonable measures to abate any nuisance, nuisance factor, or cause of nuisance after prior approval or order of Council.
(B) Expenses. Any expense incurred by the city for the purpose of abating a nuisance, nuisance factor or cause of nuisance, pursuant to the provisions of this subchapter, shall be:
(1) Assessed as a lien upon the property involved;
(2) Placed on the tax roll for the property;
(3) Sought from the responsible through three special assessment on the property; and/or
(4) Sought from the responsible party through a nuisance or other appropriate court action at law or equity in a court of competent jurisdiction.
(C) Emergency orders. If the Code Official or other designee of the City Manager, or designee of the City Manager determines that a condition exists or is likely to exist which is an emergency, the city shall immediately attempt to verbally inform the responsible person and all occupants of the building of the nature of the condition. The city shall immediately attempt to give verbal notice to the responsible person to correct the condition. Such an order shall be effective immediately. A written notice of the violation as called for by this subchapter shall also be prepared and mailed and/or personally served to the responsible person as soon as practicable. If notice is attempted to be served in good faith, but cannot be completed prior to having to take action necessary to abate an emergency condition, such notice shall be posted upon the subject property in a prominent location. Failure to comply with an emergency notice or order is a violation of this subchapter.
(D) Emergency entry. When an emergency is believed to exist within a property, building, or accessory building subject to this subchapter, the city shall have the right to enter immediately and at any time thereafter, without a warrant or without requesting permission. Entry must be for the sole purpose of public safety and determining that an emergency exists or to abate an emergency condition known to exist.
(Ord. passed 11-14-2019)