(A) Authority. When the enforcement officer determines that a public nuisance exists on a parcel of real property, the public nuisance constitutes an immediate danger or hazard which if not immediately abated will endanger the health or safety of the public, and there does not exist sufficient time to follow the procedures described herein, the city may abate the public nuisance.
(B) Order by City Manager or designee. The city shall order emergency abatement by an administrative order to be signed by the City Manager or their designee. A good faith effort shall be made to inform the owner that the action is being taken.
(C) Notice of the abatement. Following an emergency abatement, as soon as the costs incurred are known to the City Manager, the City Manager shall serve written notice upon the property owner. The notice shall contain:
(1) A description of the property sufficient for identification;
(2) The location and description of the public nuisance;
(3) The remedial action taken by the city;
(4) The reasons for immediate action;
(5) The costs incurred in abating the public nuisance; and
(6) A statement that the property owner may request, by writing to the City Manager within 20 calendar days of the date of the notice, a hearing at which the Council shall review the actions taken by the city.
(D) Setting hearing date. In the event that a property owner files a request for a review of the action with the City Manager, the Council shall within three weeks fix a date for a public hearing; said hearing shall take place at the next City Council meeting.
(E) Notice. The City Manager shall notify the enforcement officer and the property owner of the date, time, place, and subject of the public hearing.
(F) Hearing. At the time of the public hearing, the Council shall hear from the enforcement officer and any other parties who wish to be heard. After the hearing, the Council may adopt a resolution levying an assessment for all or a portion of the costs incurred by the city in abating the nuisance. The City Manager shall give a copy of the resolution to the enforcement officer and shall mail a copy to the property owner.
(Ord. 020, fourth series, passed 5-21-2024)