A. Notice To Abate:
1. Whenever any health official or inspector, or the zoning administrator, or any police or fire officer or code enforcement officer determines that a nuisance exists on any private property or premises, except as otherwise provided in this chapter, that officer official shall cause a written notice to be served upon the owner or, if the owner cannot be found, upon the occupant or person in control of the property or premises who is causing, permitting or maintaining the nuisance.
(1989 Code § 9-181; amd. 2017 Code)
2. The notice shall fairly apprise such person of the nature of the nuisance, his or her duty to abate or remove the nuisance within the time provided therein, the penalty for failure to abate the same, and shall state that if the nuisance is abated by the city, liability for necessary expenses so incurred shall accrue as provided in subsection D of this section.
(1989 Code § 9-181)
3. Service of the notice required by this subsection A shall be by personal service or by certified mail addressed to the owner or occupant of the premises. If the property is vacant and unoccupied and the owner cannot be located after reasonable inquiry such that personal service or service by certified mail cannot be had, then service may be had by posting a copy of the notice in a conspicuous place within or upon the property or premises.
B. Time To Abate; Failure To Comply:
1. Any person determined to have created, caused, erected, maintained or permitted a nuisance to exist within the city shall discontinue and abate such nuisance within five (5) days or such other time period as may be specified in the notice described in subsection A of this section.
2. It shall be unlawful for any person to neglect, refuse or otherwise fail to comply with the provisions of subsection B1 of this section, and each twenty four (24) hours, or fraction thereof, during which the nuisance continues or exists beyond the period for abatement set forth in the notice shall be deemed a separate offense.
(1989 Code § 9-182)
C. Abatement By City:
1. Whenever any nuisance is not abated by the owner, occupant or person in control of premises or property affected within the time provided by notice, the proper city officer shall cause the abatement or removal of such nuisance.
2. Whenever any nuisance: a) constitutes or is deemed to be an imminent or immediate danger to the public health or safety; or b) exists on public property, the proper city officer shall cause such nuisance to be summarily and immediately abated and removed, regardless of any five (5) day or other time period specified by notice to the person responsible therefor. However, in situation a above, the officer shall have first applied for and obtained the written permission of the mayor for such summary abatement.
(1989 Code § 9-183)
D. Abatement Costs:
1. Any costs or expenses of abatement reasonably incurred by the city pursuant to the provisions of subsection C of this section shall be deemed a debt to the city by the owner, occupant or person in control of premises upon which such nuisance existed; provided, that where specifically provided in this code or by statute, such costs and expenses shall become a lien upon the real estate or personal property affected, superior to all other liens and encumbrances except tax liens. The cost of preparing and filing such lien may be added to the costs of abatement or removal.
2. If costs of abatement as provided for in this section remain unpaid, the city may, at its option, exercise any right or remedy available to it by statute or this code, including without limitation, the filing of a lien as provided herein or by statute, or the commencement of proceedings in the Circuit Court of Bureau County seeking a personal judgment against the owner or person in control of the property where the abatement costs were incurred. The city attorney shall enforce by civil action any and all such debts or liens as provided in this subsection.
E. Enforcement of Liens: A lien under this subsection may be enforced by proceedings to foreclose as in case of mortgages or mechanics’ liens. In the event the city initiates proceedings to foreclose a lien under this subsection, the owner shall be liable for any attorney’s fees and costs incurred by the city in connection with such proceedings. Such attorneys’ fees and costs shall be added to the amount of any judgment rendered in such proceedings in favor of the city and against the owner. A failure to file a foreclosure action shall not in any way affect the validity of the lien against the underlying parcel.
(1989 Code § 9-184)