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(A) Review not sought. If a nuisance is not timely abated after notice is given in accordance with this chapter and review of the notice is not sought, the city may immediately proceed to abate or remove the nuisance after the time limit stated in the notice has expired irrespective of whether a charge is filed alleging violation of this chapter. It is intended that nonsummary abatement will be delayed only if review of a notice is timely sought.
(B) Review sought. If review of the notice is sought and a nuisance is not abated prior to completion of the review process and the disposition of the charge, the city may immediately proceed to abate a nuisance if the person is found guilty, pleads guilty or is placed on supervision after a plea of guilty whether or not ultimately accepted by the court. The court may on motion enter any appropriate orders regarding abatement of the nuisance, including, but not necessarily limited to, an order directing that the person be provided an additional reasonable time to abate the nuisance, an order modifying the method of abatement proposed by the city, an order specifically authorizing the city to proceed with the abatement of the nuisance, an order directing the person to abate the nuisance or an order restraining the person from continuing the nuisance in the future.
(C) Methods of abatement.
(1) If abatement, is authorized under this chapter, the city may abate or remove the nuisance in any and all of the following manners, except as may be otherwise ordered by a court of competent jurisdiction:
(a) Proceeding to abate or remove the nuisance using city employees or others in any reasonable manner. In the case of a structure, abatement may, as appropriate, be by demolition or repair of a structure or causing the demolition or repair or a structure;
(b) Any other manner allowed by law or in equity or reasonable under the circumstances; or
(c) Any manner authorized by a court of competent jurisdiction.
(2) The proposed method of abatement shall not limit the method of abatement which may be used unless otherwise ordered by the court or diminish the discretion of the court to order that the person charged abate a nuisance or enter any other appropriate order.
(1980 Code, § 21.103) Penalty, see § 92.99