The city may take one or more of the following actions against any responsible person who fails to comply with the terms of a voluntary consent agreement, an administrative citation, or an order of the hearing officer:
A. Abatement By City:
1. The city may abate a nuisance when:
a. The terms of a voluntary correction agreement have not been met; or
b. The requirements of an administrative citation have not been complied with or, if the administrative citation is appealed to a hearing officer and the terms of the administrative citation are amended by the hearing officer, the terms of the hearing officer's order have not been complied with; or
c. The condition is subject to summary abatement as provided for in subsection A2 of this section.
2. Whenever a nuisance is occurring which constitutes an immediate and emergent threat to the public health, safety or welfare or to the environment, the city may summarily and without prior notice abate the condition. Notice of such abatement, including the reason for it, shall be given to the responsible person as soon as reasonably possible after the abatement.
3. Using any lawful means, the city may enter upon the subject property and may remove or correct the condition which is subject to abatement. The city may seek, but is not required to seek, such judicial process as it deems necessary to effect the removal or correction of such condition.
4. The costs, including incidental expenses, of correcting or abating the violation shall be billed to the responsible person and/or the owner, lessor, tenant or other person entitled to control, use and/or occupy the property and shall become due and payable to the city within ten (10) days of actual receipt of the bill (within 15 days of the mailing date if the bill is mailed). The term "incidental expenses" includes, but is not limited to:
a. Personnel costs, both direct and indirect, including attorney fees and costs;
b. Costs incurred in documenting the violation;
c. Hauling, storage and disposal expenses;
d. Actual expenses and costs for the city in preparing notices, specifications and contracts, and in accomplishing and/or contracting and inspecting the work; and
e. The costs of any required printing and mailing.
B. Monetary Fine:
1. The responsible person shall pay the city a monetary fine for each day the nuisance continues after the completion date. The nuisance shall be considered to continue until the code enforcement officer approves the responsible person's actions to correct or abate the nuisance. The amount of the monetary fine shall be as follows:
a. One hundred dollars ($100.00) per day for each day during the first week that the nuisance remains uncorrected or unabated after the completion date;
b. Two hundred dollars ($200.00) per day for each day thereafter until the nuisance is corrected or abated according to the terms set forth in the administrative citation.
2. The monetary fine shall be cumulative and may not be waived by the code enforcement officer. Payment of a monetary fine pursuant to this section does not relieve the responsible person from the duty to abate the nuisance as required by the voluntary consent agreement or the administrative citation. The monetary fine constitutes a personal obligation of the responsible person. Any monetary fine assessed must be paid to the city within ten (10) calendar days from the date of mailing of the hearing officer's decision and order or a notice from the city that the fine is due. The city attorney or his/her designee is authorized to take appropriate action to collect the monetary fine, plus reasonable attorney fees and costs incurred in collecting said monetary fine.
C. Civil Actions: Either the city or any private person directly affected by a nuisance may bring a civil action to abate or enjoin the nuisance, or for damages for causing or maintaining the nuisance (including the cost, if any, of cleaning the subject property). The civil action may be brought pursuant to this chapter or pursuant to state law.
D. Criminal Actions: Criminal actions may be initiated by criminal citation from a code enforcement officer or by long form information. (Ord. 2002-7, 4-16-2002)
1. Any person who maintains or assists in maintaining a nuisance is guilty of a class C misdemeanor and upon conviction, subject to penalty as provided in section 1-4-1 of this code. No person shall be prosecuted under this subsection D1 unless the code enforcement officer first attempted to obtain voluntary correction as provided in section 4-3-8 of this chapter.
2. If the alleged nuisance is also a violation of a provision of city code (other than this nuisance chapter), or state law, the responsible person may be charged under the specific provision of city code or state law, even if the officer did not first attempt to obtain voluntary correction as provided in section of 4-3-8 of this chapter.
3. Any person who knowingly obstructs, impedes or interferes with the city or its agents, or with the responsible person, in the performance of duties imposed by this chapter, or a decision and order issued by the hearing officer, or a voluntary correction agreement, is guilty of a class B misdemeanor and upon conviction, subject to penalty as provided in section 1-4-1 of this code. (Ord. 2002-7, 4-16-2002; amd. 2003 Code)
E. Abatement By Eviction: Whenever there is reason to believe that a nuisance under subsections 4-3-3B1 through B6 of this chapter is kept, maintained or exists in the city, the city attorney or any citizen residing in the city, or any person or entity doing business in the city, in his or their own names, may maintain an action in a court of competent jurisdiction to abate the nuisance and obtain an order for the automatic eviction of the tenant of the property harboring the nuisance. The eviction shall take place as specified in state law.
F. Lien For Costs: If a person fails to pay any fines or costs related to nuisance abatement when due, the city may record a lien on the property or premises for the full amount of the unpaid fines and costs.
G. Nonexclusive Remedies: The city may take any or all of the above mentioned remedies (administrative, civil or criminal) to abate a nuisance and/or to punish any person or entity who creates, causes or allows a nuisance to exist. The abatement of a nuisance does not prejudice the right of the city or any person to recover damages or penalties for its past existence. (Ord. 2002-7, 4-16-2002)