107.03 DECLARATION OF PUBLIC NUISANCE, ORDER AND AUTHORITY TO ABATE.

   (a)   If the Director finds that a nuisance condition exists as defined in the City's Codified Ordinances, or otherwise by ordinance passed by Council, on any property, the Director may issue a notice declaring the existence of such nuisance, and may order the abatement of the nuisance or proceed to abate the nuisance.

   (b)   In addition to the authority granted in subsection (a) of this Section, if a Director finds that a property or a structure, by reason of deterioration of materials, lack of repair or maintenance, is or will become a hazard to the health, safety or welfare of its occupants or the public or is or will become a blighting or deteriorating factor in the neighborhood, or will impair or adversely affect the value of neighboring property, the Director may declare such property or structure to be a nuisance, issue a notice declaring the existence of such nuisance, and order the abatement of the nuisance or proceed to abate the nuisance.

   (c)    An occupied dwelling structure, which is determined by the Director to be in violation of Section 1411.29 of the Housing Code, is hereby declared to be a public nuisance.

   (d)   The existence of grass, weeds or other landscaping conditions that violate the provisions of the Housing Code shall be considered a nuisance. If a warning notice is sent to a property owner, as provided in this Chapter, in any calendar year, either before or after such a nuisance is found to exist on a property, the Director may cause any such nuisance found during that calendar year to be abated or removed by the City as conditions may require, without further notice or warning.

   (e)    The existence of roots of trees that obstruct sewers shall be considered a nuisance, and if such condition is found, the Director may abate the nuisance immediately and without service of notice or estimate of the cost of the abatement.

   (f)   If the Director determines to take action to abate the nuisances described in subsections (d) or (e) of this Section, the Director shall furnish the owner of the real estate from which the nuisance originates with a statement of the estimated cost of abating the same prior to the abatement, and a statement of the final cost as soon as the cost can be ascertained, and shall order the owner to pay the cost within such reasonable time as the Director shall fix. The Director shall collect such costs as set forth in this Chapter. The City may assess the real estate at any time after the City incurs the costs of preparing to abate and/or abating the nuisance.

(Ord. 10-96. Enacted 8-23-10.)