When the enforcement officer determines that a nuisance exists on a property and the 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 of §§ 90.25 or 90.26, the city may abate the nuisance by the procedure described below.
(A) Order by Mayor. The city may order emergency abatement by an administrative order signed by the Mayor. A good faith effort shall be made to inform the owner of the action being taken.
(B) Notice of the abatement. Following an emergency abatement and as soon as the costs incurred are known to the enforcement officer, he or she shall serve written notice upon the owner. The notice shall contain:
(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 taken by the city;
(5) The reasons for immediate action;
(6) The costs incurred in abating the nuisance; and
(7) A statement that, unless the owner requests a hearing before the City Council to review the actions taken by the city by filing a written request with the City Clerk within 14 calendar days after the date of the notice, the city will charge all costs incurred against the property as a special assessment to be collected in the same manner as taxes.
(C) Setting hearing date. In the event that a request for a review is filed with the City Clerk, the City Council shall within three weeks fix a date for a hearing.
(D) Notice. At least ten days prior to the hearing, the City Clerk shall mail notice of the date, time, place and subject of the hearing to the owner.
(E) 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 may adopt a resolution levying a special assessment for all, or a portion of the costs incurred in abating the nuisance. The enforcement officer shall mail a copy of the resolution to the owner.
(Ord. 16-01, passed 2-9-16)