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Any person ordered to abate a nuisance may have a hearing with the Council as to whether a nuisance exists. A request for a hearing must be made in writing and delivered to the Clerk within the time stated in the notice, or it will be conclusively presumed that a nuisance exists and it must be abated as ordered. The hearing will be before the Council at a time and place fixed by the Council. The findings of the Council shall be conclusive and, if a nuisance is found to exist, it shall be ordered abated within a reasonable time under the circumstances.
If it is determined that an emergency exists by reason of the continuing maintenance of the nuisance or condition, the City may perform any action which may be required under this chapter without prior notice. The City shall assess the costs as provided in Section 50.11 after notice to the property owner under the applicable provisions of Sections 50.05, 50.06 and 50.07 and hearing as provided in Section 50.08.
(Code of Iowa, Sec. 364.12[3h])
If the person notified to abate a nuisance or condition neglects or fails to abate as directed, the City may perform the required action to abate, keeping an accurate account of the expense incurred. The itemized expense account shall be filed with the Clerk who shall pay such expenses on behalf of the City.
(Code of Iowa, Sec. 364.12[3h])
The Clerk shall send a statement of the total expense incurred by certified mail to the property owner who has failed to abide by the notice to abate, and if the amount shown by the statement has not been paid within one month, the Clerk shall certify the costs to the County Treasurer and such costs shall then be collected with, and in the same manner, as general property taxes.
(Code of Iowa, Sec. 364.12[3h])
If the amount expended to abate the nuisance or condition exceeds one hundred dollars ($100.00), the City may permit the assessment to be paid in up to ten (10) annual installments, to be paid in the same manner and with the same interest rates provided for assessments against benefited property under State law.
(Code of Iowa, Sec. 364.13)
Whenever the Notice to Abate set forth in Section 50.06 orders the owner to demolish, destruct or totally remove an abandoned, dilapidated or unsafe structure in order to abate the nuisance, the Notice to Abate shall also inform the owner of record, contract purchaser of record and any mortgagee of record that a hearing on the question of whether or not a nuisance exists and whether or not the proposed remedy is appropriate will be held before the entire Council. The notice shall advise the above mentioned interested parties of the time, date and place of the hearing and shall advise the interested persons of their right to be present and offer evidence and testimony in opposition to the proposed action, without the necessity of requesting a hearing pursuant to Section 50.08. The hearing shall be held not less than 15 days from the date the notices are mailed to or otherwise served on the interested parties, and within the time stated in the Notice for Abatement of the nuisance. No destruction or demolition by the City shall commence until the Council has determined, by resolution, after hearing and notice to the above mentioned interested parties, that a nuisance exists and that the only appropriate abatement remedy is the complete destruction, demolition and removal of the offending structure. The resolution shall order the City to refrain from commencing the abatement until the owner of record, contract purchaser of record or mortgagee of record has exhausted the time in which to abate the nuisance as set forth in the Notice to Abate, or any extensions thereof, which shall only be granted by the Council. In the alternative, the City may elect to abate the nuisance by prosecuting a nuisance action in the Iowa District Court in and for Story County, Iowa.