When the enforcement officer determines that a nuisance exists on a property, and the cost of abatement of the nuisance is estimated to exceed $2,000, or the abatement involves demolition of a building other than a structure accessory to a residential building, or the abatement substantially diminishes the value of the property, and except in the case of an emergency as provided for in § 90.26, the city may abate the nuisance by the procedure described below. A good faith estimate of the abatement costs, not the actual cost calculated after the abatement is completed, shall be the basis for determining which abatement procedure shall be used.
(A) Order. The enforcement officer shall serve a written order upon the owner, all interested parties, and any responsible party known to the officer. The order shall contain the following:
(1) A description of the property sufficient for identification which shall include the legal description;
(2) The location of the nuisance;
(3) A description of the nuisance and the basis upon which it is declared to be a nuisance;
(4) The remedial action required to abate the nuisance;
(5) The abatement deadline, as determined by the enforcement officer allowing a reasonable time for the performance of any act required; and
(6) A statement that unless the remedial action is taken before the abatement deadline, the matter will be referred to the City Council which may order the city after a hearing to abate the nuisance and charge all costs incurred against the property as a special assessment to be collected in the same manner as taxes.
(B) Setting hearing date. Unless the remedial action is taken within the time specified in the written order, the enforcement officer may notify the City Council that substantial abatement is necessary and appropriate. Upon being notified by the enforcement officer, the City Council shall within three weeks fix a date for a hearing.
(C) Notice. Written notice of the time, date, place and subject of the hearing shall be given as follows:
(1) At least ten days prior to the hearing, the enforcement officer shall serve the notice upon the owner and interested parties by personal service. If, after reasonable effort, personal service cannot be made, either of the following methods of notice shall be considered adequate:
(a) Confirmed mail service which is either certified mail with signed receipt returned or first class mail confirmed by written response; or
(b) Mailing the notice to the last known address and publishing the notice once a week for two weeks in the official newspaper and posting the notice in a conspicuous place on the building or property.
(2) At least ten days prior to the hearing, the enforcement officer shall mail a notice to any responsible party known to the enforcement officer.
(D) Hearing. At the time of the hearing, the City Council shall hear from the enforcement officer and any other persons who wish to be heard. After the hearing, the City Council shall adopt a resolution confirming or modifying the order of the enforcement officer. If the Council's resolution requires abatement, the Council shall fix a time within which the nuisance must be abated and provide that unless corrective action is taken or unless the Council's determination is appealed to the District Court within the time specified, the city may abate the nuisance and charge all costs incurred against the property as a special assessment to be collected in the same manner as taxes. The enforcement officer shall mail copies of the resolution to any of the persons required to be notified in division (C) for whom the enforcement officer has a current mailing address.
(Ord. 16-01, passed 2-9-16)