(A) Notice. Except where otherwise provided by this code or other ordinances of the city, any officer of the city possessing police powers may serve or cause to be served a notice, in writing, upon the owner, agent, occupant or person in possession, charge or control of any lot, building or premises or item of personalty in or upon which any nuisance exists, requiring them, or either or both of them, to abate the same within a specified reasonable time, in such manner as the notice shall direct.
(B) Abatement; notice; contents. The notice to abate shall contain:
(1) A description of what constitutes the nuisance or other condition;
(2) The location of the nuisance or condition;
(3) A reasonable time within which to complete the abatement;
(4) A statement that if the nuisance or condition is not abated as directed and no request for hearing is made within the time prescribed, the city may abate it and assess the costs against the person; and
(5) A statement that if the aforesaid costs are assessed against the person, the city may place a lien against the person's real estate upon which the nuisance or condition was abated and/or may dispose of any personal property which constituted the nuisance in a commercially reasonable fashion in order to pay the aforesaid costs as assessed.
(C) Failure to comply with notice. If a person served and notified in accordance with division (A) of this section does not abate the nuisance within the specified reasonable time, the city may proceed to abate the nuisance in any or all manner allowable by law including, without limiting the generality thereof, the following:
(1) Seeking to impose a monetary penalty as provided in § 131.99 by instituting an ordinance enforcement action;
(2) Seeking to enjoin the continuation of the nuisance by the filing of a lawsuit in a court of competent jurisdiction; and
(3) Performing or contracting for the performance of the physical actions necessary to abate the nuisance; and keeping an accurate account of the expenses incurred. The itemized expense account shall be filed with the City Clerk who shall pay the expenses on behalf of the municipality.
(D) Abatement; hearing; appeal. Any person ordered to abate a nuisance may have a hearing with the City Land Use Committee as to whether a nuisance exists. A request for a hearing must be made in writing and delivered to the City Clerk within the time stated in the notice or it will be conclusively presumed that a nuisance exists and it must be abated as ordered. If a hearing is requested in writing, the Land Use Committee shall schedule the same no sooner than within three days nor later than 14 days after the request. The person requesting the hearing may be represented by an attorney. At the conclusion of the hearing, the Land Use Committee shall render a written decision as to whether a nuisance exists. If it finds that a nuisance exists, it shall order it abated within an additional time which must be reasonable under the circumstances.
(E) Payment of abatement costs. In instances where the city performs or contracts for the performance of the physical actions necessary to abate a nuisance, the city shall assess the expense of the abatement actions against the relevant property owner. The city may place a lien on the real estate on which the nuisance existed and/or may dispose of any personal property constituting the nuisance in a commercially reasonable manner and keep any proceeds to cover the aforesaid expense of abatement. If the disposal of the personal property generates money in excess of the costs of abatement, the excess money shall be returned to the property owner. In all these instances, the city shall provide the property owner 48-hours’ advance written notice of the intended physical actions to abate or remove a nuisance. This notice is adequate if posted on the relevant real property. The city must provide an accounting to the property owner, setting forth all relevant costs and receipts. In addition to the remedies described herein, the city may pursue any other remedy allowed by law against the property owner to recover the expenses of the abatement.
(1986 Code, § 15-27) (Ord. 1992-02, passed 1-20-1992)