When the enforcement officer determines that a nuisance exists on a property and the cost of abatement of the nuisance is estimated to exceed $5,000, or the abatement involves demolition of a building other than a structure accessory to a residential building, or the abatement substantially diminishes the value of the property, and except in the case of an emergency provided for in § 98.22, the city shall abate the nuisance by the procedure described below. A good faith estimate of the abatement costs, not the actual cost calculated after the abatement is completed, shall be the basis which determines whether this abatement procedure shall be used.
(A) Orders. The enforcement officer shall serve a written order upon the owner, occupant and lien holder known to the officer. The order shall contain the following:
(1) A description of the real estate which is sufficient for identification and which shall include the legal description;
(2) The location of the nuisance on the property;
(3) A description of the nuisance and the basis upon which it is declared to be a nuisance;
(4) The remedial action required to abate the nuisance;
(5) The abatement deadline, to be determined by the enforcement officer, allowing a reasonable time for the completion of any act required;
(6) A statement that if the remedial action is not taken before the abatement deadline, the matter will be referred to the City Council, who, after a hearing, may order the city to abate the nuisance and charge all costs incurred against the real estate as a special assessment to be collected in the same manner as property taxes.
(B) Notice to public. When an order requires, exclusively or as an option, the demolition of a building, the public shall be put on notice as follows:
(1) The owner is required to provide full disclosure of the order to abate to all occupants, lien holders, all present or subsequent renters, and any subsequent owners.
(2) The enforcement officer shall post a placard in a conspicuous place which declares the property a “nuisance building” which shall include the following:
(a) Name of the city;
(b) The name of the authorized department having jurisdiction;
(c) The chapter and section of the ordinance under which it is issued;
(d) A statement declaring the property to be a nuisance condition and subject to demolition;
(e) The date that the placard of nuisance condition is posted;
(f) A statement of the penalty for defacing or removal of the placard;
(g) The City Manager shall notify the City Council by sending a copy of the order to abate to the City Council.
(3) The enforcement officer shall notify the City Manager by sending a copy of the order to abate to the City Manager.
(C) Setting hearing date. If the remedial action is not taken within the time specified in the written order, the enforcement office will notify the City Council that substantial abatement is necessary and appropriate. Upon being notified by the enforcement officer, the City Manager shall, within two weeks, fix a date for an abatement hearing for the City Council.
(D) Notice. Written notice of the time, date, place and subject of the hearing shall be given as set forth in this division.
(1) The city shall immediately notify the enforcement officer.
(2) At least ten calendar days prior to the hearing, the enforcement officer shall notify the owner or his or her duly authorized representative by personal service of the notice of hearing and all occupants and lien holders known by certified mail. If, after reasonable effort, service cannot be made, either of the following methods of notice shall be considered adequate.
(a) Confirmed mail service which is either certified mail with signed receipt returned or first class mail confirmed by written response.
(b) Mailing the notice to the last known address posting the notice on the premises of the subject property.
(E) Hearing. At the time of the hearing, the City Council shall hear from the enforcement officer and any other parties who wish to be heard. After the hearing, the City Council shall adopt a resolution describing what abatement action, if any, the council deems appropriate. If the resolution calls for abatement action, the Council may either order the city to take the abatement action or fix a time within which the nuisance must be abated and provide that if corrective action is not taken within the specified time, the city shall abate the nuisance.
(F) Notice of City Council action. The enforcement officer shall serve copies of the resolution on any of the parties required to be notified in division (D).
(Am. Ord. 661, passed 9-5-2006) Penalty, see § 10.99