This section applies whenever the city designated representative determines that a nuisance exists.
A. Contact: Before taking other steps to abate the nuisance, the city designated representative will usually make a reasonable attempt to secure voluntary correction or abatement of the nuisance by:
1. Contacting the responsible person, where possible;
2. Explaining the nuisance;
3. Requesting the responsible person to abate the nuisance; and
4. Agreeing to terms with the responsible person to abate the nuisance.
B. No Agreement: If the city designated representative and the responsible person cannot agree to terms for correcting or abating the nuisance, the city designated representative may still abate the nuisance using one or more of the procedures set forth in this chapter, state law, or common law.
C. Voluntary Correction Agreement: If the city designated representative and the responsible person agree to terms for abating the nuisance, they shall enter into and sign a voluntary correction agreement. The voluntary correction agreement is a contract between the city and the responsible person in which the responsible person agrees to abate the nuisance within a specified time and according to specified conditions. The voluntary correction agreement shall include the following terms:
1. The name and address of the responsible person;
2. The street address of the nuisance, or a description sufficient to identify the building, structure, premises, or land upon or within which the nuisance is occurring;
3. A description of the nuisance, along with a citation to the specific enumerated nuisance that has been violated;
4. The necessary corrective action to be taken, and a date or time by which correction must be completed;
5. An agreement by the responsible person that the city may enter the premises and inspect the premises as may be necessary to determine compliance with the voluntary correction agreement;
6. An agreement by the responsible person that the city may abate the nuisance and recover its costs and expenses to abate the nuisance, as well as a monetary fine pursuant to this chapter from the responsible person, if terms of the voluntary correction agreement are not met;
7. An agreement by the responsible person acknowledging that they waive the right to appeal the city designated representative's finding that a nuisance exists and waives the right to appeal the specific corrective action required in the voluntary correction agreement; and
8. An agreement by the responsible person that failure to comply with the voluntary correction agreement may be grounds for criminal prosecution.
The city designated representative may grant an extension of the time limit for correcting or abating the nuisance if the responsible person has shown due diligence and/or substantial progress in correcting or abating the nuisance but unforeseen circumstances render abatement under the original conditions unattainable. If the responsible person complies with the terms of the voluntary correction agreement, the city shall take no further action against the responsible person related to the nuisance described in the voluntary correction agreement unless the nuisance recurs. (Ord. 04-11, 3-3-2004)