(A) Abatement procedure. In addition to any other remedy available at law, the city may abate a public nuisance pursuant to the following procedure:
(1) Notice of violation. Whenever the officer charged with enforcement determines that a public nuisance is being maintained or exists on premises in the city, the officer shall notify, by written notice of violation, the owner of record and the occupant, if any, either in person or by certified mail of the premises of such fact and order that such public nuisance be terminated or abated. If the premises is not occupied, the owner of record is unknown, or the owner of record or occupant refuses to accept service of the notice of City Council hearing, notice of violation shall be served by posting it on the premises. The notice of violation shall:
(a) Identify the public nuisance;
(b) Identify the steps to be taken to abate the public nuisance;
(c) Specify the time within which the public nuisance is to be abated.
(2) Notice of City Council hearing. If the notice of violation is not complied with within the time specified, the officer charged with enforcement shall serve written notice of a City Council hearing to determine or abate a public nuisance on the owner of record and occupant of the premises, if any, either in person or by certified mail. If the premises is not occupied, the owner of record is unknown, or the owner of record or occupant refuses to accept service of the notice of City Council hearing, notice of City Council hearing shall be served by posting it on the premises. Such notice of City Council hearing shall contain the time, date, place and subject of such hearing.
(3) Notice of City Council order. Following the hearing to determine or abate a public nuisance, at which all interested parties have been given an opportunity to speak, the Council may determine that the condition identified in the notice of violation is a public nuisance and order that if the public nuisance is not abated within the time prescribed by the Council the city may seek injunctive relief, including abatement. The city shall serve a copy of the City Council order on the owner of record and the occupant and lienholder of the premises, if any, in the manner provided for service of a summons in a civil action. If the premises is not occupied, the owner of record is unknown, or the owner of record or occupant refuses to accept service, the City Council order shall be served by posting it on the premises.
(4) Judicial determination. If the public nuisance is not abated within the time prescribed by the City Council order, a copy of the order with proof of service shall be filed with the Housing Court Administrator of District Court of the county in which the property is located along with a motion to enforce the order. At the hearing, the judicial officer shall determine whether a public nuisance under this code exists and, if so, shall authorize the city to enter onto the property and abate the public nuisance. The Court Administrator shall cause a copy of the judgment to be mailed forthwith to persons upon whom the original order was served.
(B) Emergency procedure; summary enforcement. Notwithstanding the above procedures, in cases of emergency, where delay in abatement required to complete the notice and procedure requirements set forth in division (A)above will permit a continuing public nuisance to unreasonably endanger public health, safety or welfare, the City Council may order summary enforcement and abate the public nuisance. To proceed with summary enforcement, the officer charged with enforcement shall determine that a public nuisance exists or is being maintained on premises in the city and that delay in abatement of the public nuisance will unreasonably endanger public health, safety, or welfare. The officer charged with enforcement shall notify in writing the owner of the premises and occupant, if any, of the nature of the public nuisance, of the city's intention to seek summary enforcement, and of the time and place of the Council meeting to consider the question of summary enforcement and shall order that the public nuisance be immediately terminated or abated. The City Council shall determine whether or not the condition identified in the notice to the owner or occupant is a public nuisance and whether public health, safety, or welfare will be unreasonably endangered by delaying abatement required to complete the procedure set forth in division (A) above, and may order summary enforcement to abate the public nuisance.
(C) Nothing in this chapter shall prevent the city without notice or other process from immediately abating any condition which poses an imminent and serious hazard to human life or safety.
(Prior Code, § 801.06) (Am. Ord. 120, passed 1-13-1998; Am. Ord. 2017-10-1, passed 10-10-2017)