Nothing in this chapter shall be deemed to prevent the city council from directing the city attorney to commence a civil or criminal proceeding to abate a public nuisance under applicable civil or penal code provisions as an alternative to the proceedings set forth in this chapter, or initiating summary abatement of any nuisance as follows:
A. The city may immediately abate any nuisance or violation of this chapter that poses a clear and imminent danger to, or requires immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services. The city may perform this abatement without providing prior notice or hearing to the owner or occupier of the offending premises. Such summary abatement may proceed only upon the authorization of the city manager or his/her designee. The abatement shall include all actions necessary to secure the premises to prevent further occurrences of the nuisance.
B. The owner and/or occupier of the premises or other responsible party creating, causing, allowing, permitting, committing, or maintaining the nuisance shall be subject to any abatement costs, enforcement costs, administrative fines and penalties imposed or incurred by the city pursuant to this chapter. In any action or proceeding in which the City elects, at the initiation of that individual action or proceeding, to recover attorneys’ fees under this Section, attorneys’ fees will be recovered by the prevailing party.
C. Any abatement actions performed by the city pursuant to this Chapter shall be at the expense of the owner and/or occupier of the premises or other responsible party creating, causing, allowing, permitting, committing, or maintaining the nuisance. The city shall recover its expenses pursuant to the procedures contained in section 4-2-13
of this code, or any other applicable provision of the law.
D. As soon as practicable following completion of the abatement, the community development department director or other designated city official shall issue a notice of violation and/or notice and order in accordance with this chapter. Persons receiving such notice shall be entitled to all hearing rights as provided herein. (Ord. 2016-003, 8-23-2016; amd. Ord. 2023-006, 6-13-2023)