(A) If any nuisance as defined in this municipal code shall exist anywhere subject to this chapter, the City Manager or his or her designee may give notice to abate and remove such notice to each owner or owner’s duly authorized agent and to the occupant, if any, of the property where the nuisance is located. If notice by personal service or certified mail is unsuccessful, notice shall be given by publication in a newspaper of general circulation in the city or by posting the notice on the lot or ground upon which the nuisance is to be abated and removed. The notice shall contain:
(1) An order to abate the nuisance within a stated time;
(2) A statement that the party may request a hearing before the City Manager within five days after receiving the notice;
(3) The location of the nuisance, if the same is stationary;
(4) A description of what constitutes the nuisance;
(5) A statement of acts necessary to abate the nuisance; and
(6) A statement that if the nuisance is not abated as directed and no request for hearing is made within the prescribed time, the city shall abate such nuisance and assess the cost thereof against such person.
(B) Within five days after receipt of such notice, if the owner or occupant of the land does not request a hearing with the City Manager or fails to comply with the order to abate and remove the nuisance, the City Manager or his or her designee may cause the city to remove the nuisance. Within five days after receipt of such notice, the owner or occupant may make a written request for a hearing before the City Manager. Such a request shall suspend the notice to abate and remove unless an emergency was declared as provided in this chapter. At such hearing, the City Manager may order the nuisance abated and removed within such time as the City Manager shall determine. If the nuisance is not abated and removed within the time specified by the City Manager, the City Manager or his designee may cause the city to remove the nuisance. The costs and expenses of any such work shall be paid by the owner. If unpaid for two months after such work is done, the city may either levy and assess the costs and expenses of the work upon the lot or piece of ground so benefitted in the same manner as other special taxes for improvements are levied and assessed; or recover in a civil action the costs and expenses of the work upon the lot or piece of ground and the adjoining streets and alleys. Any junk which is removed under the provisions of this section shall be impounded and shall be valued as provided elsewhere in this chapter. The remedy provided in this section shall be cumulative with any other remedy provided in this municipal code, or otherwise available at law or in equity.
(Ord. 3799, passed - -2004)