(A) Whenever a complaint is made to the City regarding the existence of a nuisance, the Mayor shall review the information and shall cause the inspection of the property on which it is alleged a nuisance exists. If the Mayor or the Mayor’s agent determines a nuisance exists, and the public health, safety or welfare may be in danger or a violation of this title exists, then abatement procedures will be implemented. If the source of the nuisance involves the structural integrity of a building, the Mayor may contact the City Engineer or the State Building Inspector to determine whether the structure is unsafe.
(B) When there is imminent danger to the public from the nuisance, notice to the owner, agent or occupant(s) of the property is not required and the issue is subject to summary abatement. The Mayor shall cause to be posted on the property subject to the abatement a notice describing the action taken to abate the nuisance. Any costs incurred as part of summary abatement shall be reported to the owner or agent for payment. The owner may appeal a summary abatement, and the appeal is limited to whether the owner is liable for the costs of abatement.
(C) When there is no imminent danger to the public, the Mayor shall follow the process identified below, unless the nuisance issue involves an abandoned or salvage or junk vehicle, in which case, the process in Title 10, Ch. 3 shall be followed.
(D) Whenever any nuisance exists within the City limits and no person can be identified as responsible for the creation, removal or abatement of the identified nuisance, it shall be the duty of the Mayor and/or the Public Works Division to remove, abate, or destroy the same, or cause the same to be done at the expense of the City. Such action will be taken only after due consideration at a City Council meeting as to the costs and process to be used unless immediate abatement is required to avoid imminent harm.
(E) Process.
(1) Upon completion of the inspection of the reported nuisance, the Mayor or agent shall identify the owner of the property through all available records and, if the nuisance does not pose an imminent threat to person’s or property, then a Notice of Violation shall be prepared, detailing the nature of the complaint and the findings of the inspection. Photographs and other documentation shall be assembled and a copy of the same shall be forwarded to the owner of the property.
(a) The notice shall identify the address and describe the violation.
(b) The notice shall require the nuisance to be abated within seven to 14 days or up to 30 days from the date of service of the notice, depending on the nature of the violation.
(c) The notice may be given by personal service by either an employee of the City, a member of law enforcement, or by certified mail, return receipt requested, or by publication or posting.
(2) Written notice as required in this section shall be deemed to have been given (constructive notice) when the owner or lessee of the property either:
(a) Refuses to accept the prepaid, United States mail certified letter from the City and the letter is returned from the Post Office marked “refused”;
(b) The person to be notified is present in the City but the notification letter is returned marked “unclaimed” by the Post Office. In which case, the City may provide notice by posting or affixing the notice letter in a conspicuous place at the main entrance or front door of the residence of the person; or
(c) When the notice has been posted on the physical location of the property in question, or when notice has been posted in the standard locations where the City posts notices for publication for three days.
(3) Written notice shall include the costs of removal, storage and any publication and other costs associated with the issue, including fines and fees, and any estimate of the costs for the City to abate the nuisance, if known or able to be estimated. The deadline for the owner to abate shall be clearly stated, after which time, the City may abate the nuisance and the owner shall be liable for all fees and costs associated with the abatement, unless a request for hearing has been filed before the expiration of the Notice of Violation abatement deadline.
(4) It shall not be a defense to the determination a public nuisance exists that the property is boarded up or otherwise enclosed or the property has been posted “No Trespass”.
(5) The record owner of the property, location or structure at the time a Notice of Violation is issued shall be responsible for compliance and shall be liable for any costs incurred by the City, notwithstanding the fact the owner conveys or attempts to convey the interest in the property to another after such Notice was issued.
(F) Appeal.
(1) Upon being served, or after constructive notice is deemed given, the owner may file with the Mayor a written request for an extension of time to comply or for a hearing. The request must be filed before the expiration of the deadline for abatement. If the request for a hearing is filed after a summary abatement, the request must be filed within 15 business days of the posting of the Notice regarding the action of abatement.
(2) A request for extension of time to comply may be considered by the Mayor or may be referred to the Planning Board, in the discretion of the Mayor. If referred to the Planning Board, the Mayor shall provide notice to the owner of the referral. A request for extension regarding the abatement issues must state the grounds for making the request, must provide a timetable for compliance, and must include any other information relevant to the issue of compliance. The Planning Board or the Mayor shall give a minimum of 14 days extension to allow for consideration of the request, but any further grant of time is discretionary, and denial of an extension is not grounds for appeal.
(3) A request for a hearing must be referred to the City Clerk for scheduling before the City Council. The sole issues to be considered at the hearing are whether there is a nuisance in fact and whether additional time is required to abate the nuisance. The hearing shall be held at the next scheduled meeting of the City Council, according to the calendar. A request for a hearing received on or after 10:00 a.m. of the Tuesday before the next regular meeting of the City Council will result in the matter being scheduled for the following regular meeting in order to comply with publication requirements for the Agenda.
(4) The hearing shall be conducted by the City Council. The Council may amend or modify the Notice of Violation and any order, or extend the time for compliance with the abatement.
(5) The owner or the owner’s agent shall be present for the hearing and shall be given an opportunity to be heard and present evidence to the Council in the course of the hearing. The owner may present evidence as to the need for the City to abate the nuisance, and whether the owner is responsible for the costs of abatement in that instance. Failure of the owner or owner’s agent to be present for the scheduled hearing will result in a finding the nuisance does exist and the timeframe for abatement is within 14 days of the date of the hearing.
(6) The City Council shall have the discretion, in instances where the nuisance was abated by the City, to waive the cost of abatement, in whole or in part, if in the course of the hearing, the Council finds the Notice of Violation, or the Notice of Abatement did not conform to the code, the work in performing the abatement did not conform to the code, or there was an error in the computation of charges.
(Ord. 374, passed 3-3-2020)