(A) Generally.
(1) Upon determination by the City Manager that a nuisance exists, the City Manager shall cause a notice to be posted on the premises or at the site of the nuisance directing the person responsible to abate the nuisance.
(2) At the time of posting, the City Recorder shall cause a copy of the notice to be forwarded by registered or certified mail, postage prepaid, to the person responsible at his or her last known address.
(3) The notice to abate shall contain:
(a) A description of the real property, by street address or otherwise, on which the nuisance exists;
(b) A direction to abate the nuisance within ten days from the date of the notice;
(c) A description of the nuisance;
(d) A statement that, unless the nuisance is removed, the city may abate the nuisance; and the cost of abatement will be charged to the person responsible;
(e) A statement that failure to abate a nuisance may warrant imposition of a fine; and
(f) A statement that the person responsible may protest the order to abate by giving notice to the City Recorder within ten days from the date of the notice.
(4) If the person responsible is not the owner, an additional notice shall be sent to the owner stating that the cost of abatement not paid by the person responsible may be assessed to and become a lien on the property.
(5) Upon completion of the posting and mailing, the persons posting and mailing shall execute and file certificates stating the date and place of the mailing and posting, respectively.
(6) An error in the name or address of the person responsible shall not make the notice void and, in such case, the posted notice shall be sufficient.
(Prior Code, § 4.10.210)
(B) Abatement by the person responsible.
(1) Within ten days after the posting and mailing of such notice, as provided in division (A) above, the person responsible shall remove the nuisance or show that no nuisance exists.
(2) A person responsible, protesting that no nuisance exists, shall file with the City Recorder a written statement which shall specify the basis for protesting.
(3) The statement shall be referred to the City Manager, who shall set the matter for hearing. At the time set for consideration of the abatement, the person protesting may appear and be heard by the City Manager. The City Manager shall determine whether or not a nuisance in fact exists. City Manager determination shall be required only in those cases where a written statement has been filed as provided.
(4) If the City Manager determines that a nuisance does in fact exist, the person responsible shall, within ten days after the City Manager’s determination, abate the nuisance.
(Prior Code, § 4.10.220)
(C) Joint responsibility. If more than one person is a person responsible, they shall be jointly and severally liable for abating the nuisance or for the costs incurred by the city in abating the nuisance.
(Prior Code, § 4.10.230)
(D) Abatement by the city.
(1) If, within the time allowed, the nuisance has not been abated by the person responsible, the City Manager may cause the nuisance to be abated.
(2) The officer charged with abatement of the nuisance shall have the right at reasonable times to enter into or upon property to investigate or cause the removal of a nuisance.
(3) The Finance Director shall keep an accurate record of the expense incurred by the city in physically abating the nuisance and shall include therein a charge established by resolution of the City Council for administrative overhead.
(Prior Code, § 4.10.240)
(E) Assessment of costs.
(1) The Finance Director, by registered or certified mail, postage prepaid, shall forward to the owner and the person responsible a notice stating:
(a) The total cost of abatement, including the administrative overhead;
(b) The cost as indicated will be assessed to and become a lien against the property unless paid within 30 days from the date of the notice; and
(c) If the owner or the person responsible objects to the cost of the abatement as indicated, he or she may file a notice of objection with the City Recorder not more than ten days from the date of the notice.
(2) Upon the expiration of ten days after the date of the notice, if a notice of objection is filed, the Council, in the regular course of business, shall hear and determine the objections to the costs assessed.
(3) If the costs of the abatement are not paid within 30 days from the date of the notice, an assessment of the costs, as stated or as determined by the Council, shall be made by resolution and shall, thereupon, be entered in the docket of city liens. Upon the entry being made, it shall constitute a lien upon the property from which the nuisance was removed or abated.
(4) The lien shall be enforced in the same manner as liens for street improvements are enforced and shall bear interest at the rate of 9% per annum. The interest shall begin to run from the date of entry of the lien in the lien docket.
(5) An error in the name of the owner or the person responsible shall not void the assessment, nor will a failure to receive notice of the proposed assessment render the assessment void; but it shall remain a valid lien against the property.
(Prior Code, § 4.10.250)
(F) Summary abatement. The procedure provided by this subchapter is not exclusive, but is in addition to procedure provided by other chapters; and the Chief of the Fire Department, the Chief of Police or any other city official may proceed summarily to abate a health or other nuisance which unmistakably exists and which imminently endangers human life or property.
(Prior Code, § 4.10.260) (Ord. 99, passed 5-18-1981; Ord. 273, passed 6-5-2000; Ord. 278, passed 9-18-2000; Ord. 316, passed 4-19-2004; Ord. 340, passed 9-6-2005; Ord. 384, passed 11-2-2009)