§ 94.02  ABATEMENT.
   (A)   Notice to abate. Whenever the Mayor or other authorized municipal officer finds that a  nuisance or other condition listed in § 94.01 of this chapter exists, that officer shall cause to be served upon the property owner or occupant a written notice to abate the nuisance within a reasonable time after notice.
   (B)   Contents of notice. The notice to abate shall contain:
      (1)   A description of what constitutes the nuisance or other condition;
      (2)   The location of the nuisance or condition;
      (3)   A reasonable time within which to complete the abatement; and
      (4)   A statement that if the nuisance or condition is not abated as directed and no request for hearing is made within the time prescribed, the city will abate it and assess the costs against such person.
   (C)   Hearing; appeal.
      (1)   Any person ordered to abate a nuisance or condition may have a hearing with the officer ordering the abatement as to whether a nuisance or prohibited condition exists. A request for a hearing must be made in writing and delivered to the officer ordering the abatement within the time stated in the notice or it will be conclusively presumed that a nuisance or prohibited condition exists and it must be abated as ordered.
      (2)   At the conclusion of the hearing, the Hearing Officer shall render a decision as to whether a nuisance or prohibited condition exists. If the Hearing Officer finds that a nuisance or prohibited condition exists, he or she must order it abated within an additional time which must be reasonable under the circumstances.
   (D)   Emergency situations. 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.
   (E)   Abatement by city. 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 City Clerk who shall pay such expenses on behalf of the municipality.
   (F)   Costs assessed. The Clerk shall mail a statement of the total expense incurred to the property owner or occupant who has failed to abide by the notice to abate.
(1999 Code, § 94.02)  (Ord. 1119, passed 9-17-1984)