(A) After any notice and order issued under this chapter shall have become a final order, either by decision of the hearing officer affirming or modifying the same, or by failure to file an appeal within the time prescribed herein, no person or entity shall fail, neglect, or refuse to obey any such order. Any person or entity who fails to comply with any such order is guilty of a misdemeanor.
(B) If, after the notice and order of the City Manager made pursuant to this chapter has become a final order, as described in division (A) above, and the responsible party has failed to timely comply with the final order, the City Manager may:
(1) Issue administrative citations as may be authorized under this code;
(2) Request the City Attorney to exercise his or her discretion in the alternative, or cumulatively, to institute court action;
(3) Proceed with administrative abatement by removing the public nuisance at the expense of the responsible party;
(4) Except where abatement will require the demolition or removal of a structure, the City Manager may proceed with administrative abatement by removing the public nuisance at the expense of the responsible party;
(5) Where abatement will require the demolition or removal of a structure, the city or its agent shall not abate the nuisance without first obtaining an order from the City Hearing Officer. An order approving abatement in such circumstances may be obtained either:
(a) After an appeal of the notice and order, if the notice and order is appealed to the City Hearing Officer and the Hearing Officer so grants; or
(b) By the city scheduling and noticing a nuisance abatement hearing before the City Hearing Officer.
(6) Notice of a nuisance abatement hearing shall be served in the same manner as the notice and order. The notice shall state the time, place and location for hearing, how the city intends to abate the nuisance, the estimated cost of abatement, including administrative time, and that the abatement will be done at the expense of the owner. The hearing shall be set no earlier than ten calendar days from the date of service. At the time and place set for hearing, the city shall establish the existence of the condition constituting a public nuisance as defined in this chapter, that a notice and order was properly served on the person(s) responsible, that the person(s) have failed to timely abate the nuisance, and that notice of the abatement hearing was properly served on the person(s) responsible. The Hearing Officer shall make findings regarding the existence of the nuisance, the proper service of the notice and order and the notice of abatement hearing and shall confirm or deny the request to abate.
(Ord. 08-106, passed 10-8-2008) Penalty, see § 97.99