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If the property owner does not request a hearing of a notice to abate a nuisance, or if a hearing is requested and the hearing officer upholds the notice or modified the abatement requirements contained in the notice, and the nuisance is not abated as and when required by the notice or the hearing officer's decision, the city manager shall abate the nuisance by taking the action required in the notice or in the hearing officer's decision, by imposing fines as set out in the notice or in the hearing officer's decision, by seeking a court order to prohibit the grandfathered establishment from continuing to sell alcoholic beverages, or by taking any other action available to the city.
(Ord. No. 2572)
(A) The costs of abatement of a nuisance, including the payment of any fines imposed in the notice to abate a nuisance or the decision of a hearing officer, including notice costs, and any costs of the hearing not paid by the property owner, shall be paid by the property owner and shall be collectible by the city as a civil debt.
(B) Attorneys' fees may be recovered by the prevailing party in an action by the city to abate a nuisance or recover the costs of abatement; provided, however, attorneys' fees may be recovered by the property owner against the city only if the city elects, at the initiation of the action, to seek recovery of the city's attorneys' fees against the property owner.
(Ord. No. 2572)
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