1482.02 PROCEDURE FOR FINDING OF PUBLIC NUISANCE; BOARD OF NUISANCE ABATEMENT.
   (a)   Whenever the Manager suspects the existence of a public nuisance as defined by Section 1482.01(a), or is advised by the City's Building Department or Director of Planning and Zoning or learns from any other source of the apparent existence of such nuisance, he or she shall promptly cause such suspected public nuisance to be inspected by the appropriate City department. Following such inspection, should the Manager determine that there are reasonable grounds to believe that a public nuisance exists, he or she shall notify the Chairperson of the Board of Nuisance Abatement, who shall cause a hearing to be held by the Board on the question of the existence of a public nuisance.
   (b)   The owner of the property in question, or his or her duly authorized representative or agent, shall be notified of the date, time and place of such a hearing in accordance with the provisions of Section 1482.03 and shall be given an opportunity of appearing in person or through a duly authorized representative or agent at such hearing and of presenting such evidence as may be pertinent to the question of the possible existence of the public nuisance.
   (c)   Reports of the City's inspections shall be made available to the Board at the subject hearing.
   (d)   The Board of Nuisance Abatement shall be composed of the Manager, the Safety Committee's representative to the Board of Nuisance Abatement, and the Mayor, or their duly authorized representatives. The Mayor or his or her duly authorized representative shall serve as Chairperson of the Board.
   (e)   It shall be necessary to have a concurring vote of at least two members of the Board for a finding that a public nuisance, as defined in Section 1482.01(b), does exist.
   (f)   The Board, following the hearing, shall cause a written order to be served on the owner of the subject property, in accordance with the provisions of Section 1482.03, stating the findings of the Board with respect to the existence of a public nuisance. If the Board finds that a public nuisance does exist, the order shall include: where abatement of the nuisance can be accomplished through boarding to secure the structure, a list of specifications indicating the manner in which such boarding shall be done; where abatement of the nuisance can be accomplished through repair or rehabilitation, a list of repair or rehabilitation specifications required to abate the public nuisance; and shall state that unless the owner of subject property causes the abatement of the public nuisance by repair, rehabilitation or demolition, the same will be abated by the Municipality at the expense of the owner. Such abatement by the owner shall start within fifteen days after receipt of the order and shall be completed within forty-five days, or, where abatement is to be accomplished through repair or rehabilitation, such additional time as the Manager or his or her duly authorized representative may deem necessary to complete the abatement of the public nuisance.
(Ord. 80-76. Passed 1-20-81;Ord. 2003-66. Passed 8-19-03.).)