(A) Abatement. If, following the time limit set by the court, any nuisance has not been abated, the city may apply to the court for an abatement warrant to cause the nuisance to be “seized”, removed and abated, including disposal in an approved manner.
(B) Warrants. When the city is unable, within a reasonable time, to secure permission to enter private property to seize and abate the nuisance, a municipal, justice or circuit court judge shall issue a nuisance abatement warrant, unless not otherwise allowed by law.
(C) Procedure for issuance of a nuisance abatement warrant.
(1) Examination. Before issuing a nuisance abatement warrant, the judge may examine the available evidence and/or receive additional evidence, including, without limitation, witnesses’ testimony, e.g., applicant, a citizen complainant, city’s officer and/or any other witness, under oath for the purpose of determining whether or not a responsible person has complied with a judicial order or judgment.
(2) Issuance. If the judge determines a prior order or judgment to abate remains unsatisfied in whole or part, the judge shall issue the abatement warrant particularly describing the person or persons authorized to execute the warrant; the property to be entered; a statement of the general types and estimated quantity of the items to be removed or conditions abated; and the scope, time, place and manner of the abatement. The warrant shall contain a direction that it be executed either on any day of the week between the hours of 8:00 a.m. and 6:00 p.m., or where the judge has specially determined, upon a showing that it cannot be effectively executed between those hours, that it be executed at any additional or other time of the day or night.
(3) Police assistance. In issuing a nuisance abatement warrant, the judge may authorize any peace officer, as defined in state statutes, to enter the described property to remove any person or obstacle and to assist and/or protect the representative of the city in any way necessary to enter the property and remove and abate the nuisance.
(D) Execution of nuisance abatement warrants.
(1) Occupied property. Except as provided in division (B) above, in executing a nuisance abatement warrant, the person authorized to execute the warrant shall, before entry into the occupied premises, make a reasonable effort to present the person’s credentials, authority and purpose to an occupant or person in possession of the property designated in the warrant; and give the occupant or person in possession of the property a copy of the warrant.
(2) Unoccupied property. In executing a nuisance abatement warrant on unoccupied property, the person authorized to execute the warrant need not inform anyone of the person’s authority and purpose, as prescribed in division (D)(1) above, but may promptly enter the designated property if, at the time, it is reasonably believed to be in that condition. In this case, a copy of the nuisance abatement warrant shall be conspicuously posted on the property, e.g., without limitation the main entrance, and subsequently mailed by first-class United States Mail, postage prepaid to the owner of record of the property.
(3) Return. A nuisance abatement warrant must be executed within five working days of its issue and returned to the judge by whom it was issued within ten working days from its date of execution. After the expiration of the time prescribed by this division (D), the warrant unless executed is void.
(Prior Code, § 130.58) (Ord. 1253, passed 12-6-2010)