A. Notice:
1. On determination by the chief of police that a nuisance exists, the chief of police 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 chief of police shall cause a copy of the notice to be forwarded by registered or certified mail to the person responsible at the person's 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 (10) 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 the abatement will be charged to the person responsible.
e. A statement that failure to abate a nuisance may warrant imposition of a fine.
f. A statement that the person responsible may protest the order to abate by giving notice to the chief of police within ten (10) days from the date of notice.
g. 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.
h. 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.
i. 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.
B. Abatement By Person Responsible:
1. Within ten (10) days after the posting and mailing of notice as provided in subsection A of this section, the person responsible shall remove the nuisance or show that no nuisance exists.
2. A person responsible, protesting that no nuisance exists, shall file a written statement that specifies the basis for the protest with the chief of police.
3. The statement shall be referred to the city council as a part of its regular agenda at its next succeeding meeting. At the time set for consideration of the abatement, the person protesting may appear and be heard by the council. The council may determine whether a nuisance in fact exists, and the determination shall be entered in the official minutes of the council. Council determination shall be required only in cases where a written statement has been filed as provided.
4. If the council determines that a nuisance in fact exists, the person responsible shall abate the nuisance within ten (10) days after the council determination.
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.
D. Abatement By City:
1. If the nuisance has not been abated by the person responsible within the time allowed, the chief of police may cause the nuisance to be abated.
2. The officer charged with abatement of the nuisance shall have the right to enter into or upon property at reasonable times to investigate or cause the removal of a nuisance.
3. The chief of police shall keep an accurate record of the expense incurred by the city in physically abating the nuisance and shall include a charge of ten dollars ($10.00) or ten percent (10%) of those expenses, whichever is greater, for administrative costs.
E. Assessment Of Costs:
1. The chief of police shall forward to the owner and the person responsible, by registered or certified mail, a notice stating:
a. The total cost of abatement, including the administrative costs.
b. That the costs as indicated will be assessed to, and will become a lien against, the property unless paid within thirty (30) days from the date of the notice.
c. That if the owner or person responsible objects to the cost of the abatement as indicated, a notice of objection may be filed with the chief of police not more than ten (10) days from the date of the notice.
2. No sooner than thirty (30) days after the date of the notice, the council, in the regular course of business, shall hear and make a decision on the objections to the costs assessed.
3. If the costs of the abatement are not paid within thirty (30) days from the date of the notice, an assessment of the costs, as stated or as decided by the council, shall be made by resolution and shall be entered in the docket of city liens and/or shall be filed in the Malheur County deed records. When an entry is made, it shall constitute a lien on 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 twelve percent (12%) 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 or a failure to receive the notice of the proposed assessment will not void the assessment, and it shall remain a valid lien against the property.
F. Summary Abatement: The procedure provided by this chapter is not exclusive, but is in addition to procedures provided by other ordinances. Any city official may proceed summarily to abate a health or other nuisance which immediately exists and which imminently endangers human life or property. (Ord. 616-06, 11-14-2006)