(A) Inspection and notice. The City Manager or his designee shall ascertain from examination or reports of his inspectors, or sanitary officers or otherwise, if a public nuisance exists as defined in § 91.51, in or upon any structure or building thereof. If a nuisance is found to exist, and the City Manager or his designee is of the opinion that the nuisance can be abated without immediate vacation of the premises, the City Manager or his designee shall serve notice upon the owner or his agent, directing him to abate such nuisance within the time fixed and specified in the notice. It shall then be the duty of the owner or his agent to abate the nuisance within the time given.
(B) Failure to comply with notice; vacation. If the abatement does not take place in the given time, or if in the opinion of the City Manager or his designee the abatement is impossible or impracticable without an immediate vacation of the premises, the City Manager or his designee shall serve notice upon the owner or his agent to vacant or cause the vacation of such premises or portion thereof designated in the notice. It shall then be the duty of the owner or his agent to vacate or cause vacation of the premises within ten days from the date of the service of the notice, or within a shorter time, not less than 24 hours in any case, as may be specified in the notice.
(C) Tenant to abate or vacate. If, either in addition to, or without the service of the notice on the owner or his agent, the City Manager or his designee is of the opinion that the nuisance can be abated by a tenant or other occupant of such house, and notice for either the abatement of the nuisance or vacation of the premises is served upon the tenant or occupant, it shall then be the duty of the tenant or occupant to comply with the notice to abate the nuisance or vacate the premises accordingly.
(D) Unlawful to occupy after notice to vacate. After such notice to vacate, it shall be unlawful to occupy, or to permit the occupancy of such premises or portion thereof, until the nuisance has been completely abated and the building shall have been rendered clean and sanitary in accordance with the terms of the notices of the city.
(E) Emergency. Notwithstanding the foregoing, whenever the City Manager or his designee finds that an emergency exists that requires immediate action to protect the public health, safety, or welfare, he or his designee may, without prior notice or hearing, issue an order reciting the existence of such an emergency and requiring that such action be taken as he deems necessary to meet the emergency. Notice that complies with § 91.33(A) shall be served upon the owner as described in this chapter, within 48 hours after the City Manager or his designee finds an emergency exits.
(F) Disposition of buildings ordered vacated.
(1) General. Whenever a building is vacated pursuant to an order of the City Manager or his designee issued under this section, and such building is not made to conform to the provisions of this code and the owner or his agent has failed to correct the violations and to abate the public nuisance issued to the owner or his agent, the City Manager or his designee shall give written notice to the owner of record of such property and the holders of legal or equitable liens of record in accordance with the provisions of § 91.33(A), stating that such building is deemed to be a public nuisance and order such building be brought into compliance with this code or that such building shall be taken down within a specified time, which shall not exceed 30 days from the date of notice.
(2) Expiration of grace period. If at the end of the period allowed by the notice, the owner has failed to remedy the violations, abate the public nuisance and bring such building into compliance with this code, the City Manager or his designee shall be authorized, at anytime thereafter, to proceed in accordance with the provisions of § 91.37. In the event the owner has failed to take such building down and remove it the City Manager or his designee shall be authorized to proceed in accordance with the provisions of § 91.37.
(Ord. 99-3043, passed 10-14-99)