Upon complaint and investigation, the Council may, by resolution, direct the Mayor to bring suit to abate a nuisance in the proper court.
1. Process. When, upon indictment, complaint or civil action, any person is found guilty of erecting, causing or continuing a nuisance or other prohibited condition, the court before whom such finding is had may order, in addition to the judgment for damages or costs for which a separate execution may be issued, that such nuisance or condition be abated or removed at the expense of the defendant, and after inquiry into and estimating as nearly as may be the sum necessary to defray the expenses of such abatement, the court may issue a warrant therefor.
2. Stay of Execution. Instead of issuing such warrant, the court may order the same to be stayed upon motion of the defendant, and upon his or her entering into an undertaking to the City in such sum and with such surety as the court may direct, conditioned either that the defendant will discontinue said nuisance or condition or that, within a time limited by the court and not exceeding six (6) months, he or she will cause the same to be abated and removed, as either is directed by the court; and upon failure to perform the condition of such undertaking, the same shall be forfeited, and the court, upon being satisfied of such default, may order such warrant forthwith to issue, and action may be brought on such undertaking.
3. Expenses Collected. The expense of abating a nuisance or condition by virtue of a warrant can be collected by the officer in the same manner as damages and costs are collected on execution, except that the materials of any buildings, fences or other things that may be removed as a nuisance or condition may be first levied upon and sold by the officer, and if any of the proceeds remain after satisfying the expense of the removal, such balance must be paid by the officer to the defendant, or to the owner of the property levied upon; and if said proceeds are not sufficient to pay such expenses, the officer must collect the remainder.