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If, within 30 days after the Director has given notice, as provided under § 9-5-2, the refuse or debris described in the notice is not removed, and the owner, lessee, tenant, or occupant has not appealed the notice to the City Manager, as provided under § 9-5-3, the Director may then remove, or cause to be removed, the refuse or debris and shall subject the owner, lessee, tenant, or occupant to liability as provided in § 9-5-9.
Notwithstanding any requirements for notice provided under § 9-5-2, the City Manager may declare certain violations of §§ 9-2-5C., 9-4-1, or 9-4-2 to be "an extreme and present danger to the public health and safety," which requires the city to take immediate action for the public welfare. The City Manager shall make his or her determination in writing, describing with particularity the reasons for the determination.
A. The city will assess the owner, lessee, tenant, or occupant, either jointly or severally, for all costs associated with the removal of the refuse, debris, or hazardous waste under § 9-5-6 if the City Manager determines that the owner, lessee, tenant, or occupant was, jointly or severally, responsible for the presence of the refuse, debris, or hazardous waste constituting a violation of city codes.
B. Upon determination by the City Manager that the owner, lessee, tenant, or occupant was in violation of city codes and that they, jointly or severally, should be assessed the costs to collect and remove the nonconforming refuse, debris, or hazardous waste, as provided under § 9-5-9, the City Manager shall serve notice of the assessment upon the owner, lessee, tenant, or occupant of the property. The notice shall be served personally or by certified or registered mail to the owner of the property at his or her last known address or to the lessee, tenant, or occupant, and, if unoccupied, by posting notice in a conspicuous place on the property. The notice shall, at a minimum:
1. Explain the nature of the violation;
2. Provide a copy of the City Manager's written determination of "extreme and present danger" to the public health and safety;
3. Provide an explanation of the costs incurred to bring the property into conformance with the section of the city code being violated;
4. Provide that the City Manager has determined that the owner, lessee, tenant, or occupant is jointly or severally responsible for the presence of the refuse, debris, or hazardous waste constituting a violation of city codes (cite specific section);
5. Demand payment of all costs incurred; and
6. Inform the owner, lessee, tenant, or occupant of his or her right to appeal the City Manager's determination of extreme and present danger and/or the assessment under § 9-5-8.
A. The owner, lessee, tenant, or occupant may appeal the City Manager's determination of violation of city code (citing specific section) and/or the notice of assessment under § 9-5-7 to the Mayor and City Council. The appeal shall be made, in writing, to the Mayor and City Council and submitted to the City Clerk within 30 days of receipt of notice of the assessment under § 9-5-7. Filing of the appeal shall stay any requirement to pay the assessment by the appellant until the City Council has rendered its final decision. The written appeal shall, at a minimum:
1. Request a hearing before the City Council at its earliest convenience;
2. Cite, with specificity, the decision(s) being appealed; and
3. Provide an address where appellant may receive notice of the hearing date.
B. The hearing shall be held before the City Council in open session. The appellant shall be given an opportunity to present oral and documentary evidence in support of his or her appeal. The appellant may be represented by legal counsel or other competent representative. The City Council shall uphold, modify, or reverse the City Manager's decision and the Council's decision shall constitute exhaustion of all administrative remedies.
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