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Instead of making the expenses of abating a nuisance a special assessment against the real property under this section, or in addition thereto, the
City Council
may make the expenses the personal obligation of the property owner, tenant, or other person creating, causing, committing, or maintaining the nuisance. In such a case, all of the procedures of this chapter apply except those specifically related to assessment of the property. (Ord. 2004-10 § 2(part), 2004; Ord. 01-107 § 2 (part), 2001).
Nothing in this chapter shall be deemed to prevent the Council from ordering the commencement of a civil proceeding to abate a public nuisance pursuant to applicable law or from pursuing any other remedy available under applicable law. Violation of the provisions of this chapter constitutes an infraction, as set forth in Chapter 1.12. The City Manager, or his/her designee, is designated as the enforcement authority. (Ord. 2004-10 § 2(part), 2004; Ord. 01-107 § 2(part), 2001).
No person shall obstruct, impede, or interfere with any officer, employee, contractor or authorized representative of the city, or with any person who owns or holds any estate or interest in any premises on which a nuisance exists and which must be abated under the provisions of this code, whenever such officer, employee, contractor, or authorized representative of the city, or person having an interest or estate in such premises is engaged in the work of abating any nuisance as required by the provisions of this code, or in performing any necessary act preliminary to or incidental to such work authorized or directed pursuant to this code. (Ord. 2004-10 § 2(part), 2004; Ord. 01-107 § 2(part), 2001).
A. The citing officer is authorized and directed to issue criminal citations to persons maintaining or permitting the maintenance of nuisance as declared in this chapter or in any other ordinance adopted by the
City Council
.
B. It is a misdemeanor to refuse to sign a citation prepared by a citing officer for the city that acknowledges receipt of a copy and includes a promise to appear at a hearing authorized by this chapter. (Ord. 2004-10 § 2(part), 2004; Ord. 01-107 § 2(part), 2001).
To the extent not prohibited by law, the citing officer may enter private premises at reasonable times by permission of the owner or tenant to make inspections as required for the performance of his or her duties hereunder. (Ord. 2004-10 § 2(part), 2004; Ord. 01-107 § 2(part), 2001).
A. Each citation shall be for an infraction and shall specify the section of this chapter or other city ordinance which identifies the particular nuisance for which the citation is issued. The citation shall briefly describe the nuisance, the date the violation was witnessed, the location of the violation, the identity of the citing officer, and identity and address of the individual to whom the citation is issued. A citation may be issued only when the citing officer has actually observed the violation. The citation shall also contain the time, date and place where the individuals being cited may appear to answer the charges stated in the citation.
B. The citation shall contain a space for the signature of the individual to whom it has been issued who, by signing, promises to appear in court to answer to the charges or else post and forfeit bail in lieu of appearance. A citation also may not be issued unless the individual being cited signs the citation and promise to appear in court to answer the charges or to post and forfeit bail in lieu of appearance. If the individual continues to refuse to sign, a police officer may arrest him or her for a misdemeanor that was committed in the officer's presence. (Ord. 2004-10 § 2(part), 2004; Ord. 01-107 § 2(part), 2001).
The citing officer shall appear at the court trial to present whatever evidence the court may require to prove the existence of the nuisance. If the nuisance has been corrected prior to the court hearing, the individual cited shall contact the citing officer and request a reinspection prior to the hearing. In such case the citing officer may ask the court to dismiss the charges stated in the citation. The decision of the court may be appealed only as provided by state law. (Ord. 2004-10 § 2(part), 2004; Ord. 01-107 § 2(part), 2001).
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