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(a) If, following a notice that a property has been declared a nuisance, an additional nuisance occurs that requires abatement by the City, the person or persons will be assessed the costs of abatement. If more than one person received a notice declaring a property a nuisance, the costs of abatement will be divided equally. Notice shall be sent to the person(s) detailing the latest nuisance activity and the cost of abatement. The notice shall also state that the costs must be paid to the City within 30 days. This notice shall be served in the same manner as set forth in Section 680.02(c).
(b) The costs of abatement will be calculated based on the hourly wage of each participating employee of the Police Department multiplied by the number of hours required to abate the nuisance. The minimum charge shall be two hours for each participating employee of the Police Depmtment.
(c) If the party noticed fails to pay the costs of abatement within the 30 days the City may assess the costs of abatement against the owner's property. Should the City elect this option, the City shall provide notice to the owner of the nuisance property of the City's intent to assess the costs of abatement against the owner's property at least 30 days before such costs are certified to the county for assessment against the property, and such notice shall contain a description of the nuisance activity that is the basis for the notice of intent to assess the property, and the cost to abate. Any election of the City under this subsection does not affect or limit the City's right or authority to bring criminal prosecution under Section 680.05.
(Ord. 2021-20. Passed 6-28-21.)
(a) A person who receives the warning or notice letter referred to in Section 680.02 or Section 680.03(a) may appeal such warning, notice or order by submitting a written request for reconsideration to the Chief of Police within ten days of receiving the letter. Such written request shall include the reasons the person feels that warning, notice or order is not justified or that the person should not be named in the notice and any mitigating circumstances.
(b) If the Chief of Police finds that the facts do not support the notice or warning he shall rescind the notice. Otherwise, the Chief shall advise the person in writing that the request for reconsideration has been denied and that the person may appeal to the Board of Zoning Appeals. The person may appeal the denial of the request for reconsideration by submitting a letter to the Board of Zoning Appeals setting forth the reasons for appeal. The Board of Zoning Appeals after reviewing the facts, shall render a decision as to whether the warning or notice shall stand and notify the parties in writing.
(c) During the appeal process, the City has the right to abate further nuisances and to assess the costs providing the City ultimately prevails in the appeal process.
(d) If a person appeals the Chiefs decision, the 30-day period in which a person must pay the costs of abatement is stayed until a final decision is rendered.
(Ord. 2021-20. Passed 6-28-21.)
(a) No person shall fail to pay the costs assessed by Section 680.03 within the prescribed period of time described therein subject to Section 680.04(b) if a proper appeal is filed. Each 30-day period a person fails to pay abatement costs is a separate violation. A person found guilty under this section is not relieved of the duty to pay the abatement costs.
(b) Whoever violates this section is guilty of failure to pay abatement costs, a misdemeanor of the first degree.
(Ord. 2021-20. Passed 6-28-21.)
The declaration of a nuisance property, an order to abate a nuisance or the assessment of costs by the City on a property, do not affect or limit the City's right or authority to bring criminal prosecution or other legal action against any person for violation of the City's ordinances.
(Ord. 2021-20. Passed 6-28-21.)