92.17 Abatement procedures – Costs.
(A) Notice.
(1) Upon determination by the City Council or its duly authorized agent that a nuisance exists, the City Manager shall cause a notice to be posted on the premises or at the site of the nuisance, directing the person responsible to abate the nuisance.
(2) At the time of posting, the City Manager shall cause of copy of the notice to be forwarded by registered or certified mail, postage prepaid, to the person responsible at their last known address.
(3) The notice to abate shall contain the following:
(a) A description of the real property, by street address or otherwise, on which the nuisance exists;
(b) A direction to abate the nuisance within ten days from the date of notice;
(c) A description of the nuisance;
(d) A statement that, unless the nuisance is removed, the city may abate the nuisance, and the cost of abatement will be charged to the person responsible;
(e) A statement that failure to abate a nuisance may warrant a fine; and
(f) A statement that the person responsible may protest the order to abate by giving notice to the City Manager within ten days from the date of the notice.
(4) Upon completion of the posting and mailing, the person posting and mailing shall execute and file certificates stating the date and place of the mailing and posting, respectively.
(5) An error in the name or address of the person responsible shall not make the notice void, and in such case the posted notice shall be sufficient.
(B) Joint responsibility. If more than one person is a person responsible, they shall be jointly and severally liable for abating the nuisance or for the costs incurred by the city in abating the nuisance.
(C) Abatement by the person responsible.
(1) Within ten days after the posting and mailing of such notice, as provided in division (A) above, the person responsible shall remove the nuisance or show that no nuisance exists.
(2) A person responsible, protesting that no nuisance exists, shall file with the City Manager a written statement which shall specify the basis for so protesting.
(3) The statement shall be referred to the City Council as part of its regular agenda at its next meeting, at the time set for consideration of the abatement the person is protesting.
(D) Abatement by the city.
(1) If, within the time allowed, the nuisance has not been abated by the person responsible, the Council may cause the nuisance to be abated.
(2) The officer charged with abatement of the nuisance shall have the right at a reasonable time to enter into or upon the property to investigate or cause the removal of the nuisance.
(3) The City Manager shall keep an accurate account of the expense incurred by the city in physically abating the nuisance, and shall charge for administrative overhead.
(E) Assessment of costs.
(1) The City Manager, by registered or certified mail, postage prepaid, shall forward to the person or persons responsible a notice stating the following:
(a) The total cost of abatement including administrative overhead;
(b) That the cost as indicated will be assessed to, and become a lien against, the property, unless paid within 30 days from the date of the notice; and
(c) That if the person or persons responsible object to the cost of the abatement as indicated they may file a notice of objection with the City Manager not more than ten days from the date of the notice.
(2) Upon the expiration of ten days after the date of the notice, the Council, in the regular course of business, shall hear and determine the objections to the costs assessed.
(3) If the costs of the abatement are not paid within 30 days from the date of the notice, an assessment of the costs, as stated or as determined shall thereupon be entered in the docket of city liens, and upon such entry being made, shall constitute a lien upon the property from which the nuisance was removed or abated.
(4) The lien shall be enforced in the same manner as liens for street improvements are enforced and shall bear interest at the rate of 6% per annum. The interest shall commence from the date of entry of the lien on the lien docket.
(5) An error in the name of the person responsible shall not void the assessment, nor will failure to receive the notice of the proposed assessment render the assessment void; but it shall remain a valid lien against the property.
(F) Summary abatement. The abatement procedures provided by this chapter are not exclusive, but are in addition to any procedures provided by other chapters; and the City Manager, the Chief of the Fire Department, or the Chief of Police may proceed summarily to abate a health or other nuisance which unmistakably exists, and which imminently endangers human life or property. (Ord. 2015-02, passed 09/14/2015)