(A) Application. It shall be unlawful for the owner, occupant, or person having control or management of any property (real or personal) within the city to permit a nuisance or public nuisance. The procedure provided for in § 2.48.030 (an ordinance for the establishment of a Code Enforcement Board) shall apply to all nuisances including the ordering of remedial measures for the abatement of nuisances and for the assessment and enforcement of civil penalties as provided for therein. Section 2.48.030 is incorporated herein by specific reference and made a part hereof.
(B) Abatement. In all cases of nuisances, the authorized city official shall cause a written notice to be served upon the person that maintains, owns, operates, or permits a nuisance. Said written notice shall give such person at least seven days in which to remedy the nuisance situation. A notice shall be mailed to the last known address of the owner of the property as it appears on the current tax assessment roll or registration. Upon the failure of such person to comply, the authorized city official shall proceed with ordinance enforcement as provided for in § 2.48.030.
(C) Emergencies. If any nuisance in such a condition so menacing to the public health, peace, or safety that it is necessary that it be summarily abated, the authorized city official shall forthwith cause the nuisance to be abated.
(D) Hearings and appeals. All hearings and appeals pertaining to nuisances shall be as provided for under § 2.48.030.
(E) Damages. The fact that the city has caused a nuisance to be abated after proper procedure and default, failure, or refusal of the person to abate the nuisance shall in no way excuse the person from any damage which may have resulted prior thereto to any person.
(F) Liability for cost. Any person who fails to remove and abate any nuisance after proper notice, the opportunity to be heard, and final order (as provided for in § 2.48.030) shall be liable to the city for all expenses incurred in the removal and abatement of the nuisance. The city shall have its right of action to recover all such costs and a lien on the property may be imposed to secure payment of such costs. The procedure for establishing such lien shall be in accordance with § 2.48.030.
(G) Abandoned automobiles. In addition to the methods set out in this subchapter for abatement of nuisances, abandoned automobiles may be dealt with in a manner consistent with state law.
(H) Other methods of abating nuisances. Nothing in this subchapter shall be deemed to limit the use of other lawful methods of abating nuisances.
(Ord. 2003-03, passed 5-12-2003)
Cross-reference:
Code Enforcement Board, see § 2.48.030