§ 45.11. Substantial abatement procedure.

When the enforcement officer determines that a nuisance exists on a property and the cost of abatement of the nuisance is estimated to exceed five thousand dollars ($5,000.00), 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 section 45.12, the city shall 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 which determines whether this abatement procedure shall be used.

(1)

Orders. 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:

a.

A description of the real estate which is sufficient for identification and which shall include the legal description;

b.

The location of the nuisance on the property;

c.

A description of the nuisance and the basis upon which it is declared to be a nuisance;

d.

The remedial action required to abate the nuisance;

e.

The abatement deadline, to be determined by the enforcement officer, allowing a reasonable time for the completion of any act required;

f.

A statement that if the remedial action is not taken before the abatement deadline, the matter will be referred to the city council, who, after a public hearing, may order the city to abate the nuisance and charge all costs incurred against the real estate as a special assessment to be collected in the same manner as taxes.

(2)

Notice to public. When an order requires, exclusively or as an option, the demolition of a building, the public shall be put on notice as follows:

a.

The owner or any responsible party is required to provide full disclosure of the order to abate to all interested parties, all present or subsequent renters, and any subsequent owners.

b.

The owner or any responsible party is required to provide full disclosure of the order to abate in a complete Truth-in-Sale of Housing Report to any subsequent owners per Legislative Code, Chapter 189.

c.

The enforcement officer shall post a placard in a conspicuous place which declares the property a "nuisance building" which shall include the following:

1.

Name of the city;

2.

The name of the authorized department having jurisdiction;

3.

The chapter and section of the ordinance under which it is issued;

4.

A statement declaring the property to be a nuisance condition and subject to demolition;

5.

The date that the placard of nuisance condition is posted;

6.

A statement of the penalty for defacing or removal of the placard.

d.

The enforcement officer shall notify the council secretary by sending a copy of the order to abate to the council secretary.

e.

The council secretary shall notify the city council and cause to be published on the council agenda the addresses receiving orders to abate.

(3)

Setting hearing date. If the remedial action is not taken within the time specified in the written order, the enforcement officer will notify the city council that substantial abatement is necessary and appropriate. Upon being notified by the enforcement officer, the council secretary shall, within two (2) weeks, fix a date for an abatement hearing for the city council.

(4)

Notice. Written notice of the time, date, place and subject of the hearing shall be given as set forth in this subdivision.

a.

The council secretary shall immediately notify the enforcement officer.

b.

At least ten (10) calendar days prior to the hearing, the enforcement officer shall notify the owner or his duly authorized representative by personal service of the notice of hearing and all interested parties or their duly authorized representative by certified mail. If, after reasonable effort, service cannot be made, either of the following methods of notice shall be considered adequate.

1.

Confirmed mail service which is either certified mail with signed receipt returned or first class mail confirmed by written response.

2.

Mailing the notice to the last-known address and publishing the notice once a week for two (2) weeks in a newspaper of general circulation in the city and posting the notice in a conspicuous place on the building or property.

c.

At least ten (10) calendar days prior to the hearing, the enforcement officer shall notify the heritage preservation commission if the nuisance building is located in a heritage preservation district.

d.

The council secretary shall notify the city council and cause the notice of public hearing to be published on the council agenda.

(4a)

Legislative hearing officer. Prior to the hearing, the legislative hearing officer appointed by the council president shall provide the appellant with an opportunity to meet and informally discuss the matter. The legislative hearing officer may submit to the council a recommendation based on the information obtained at such a meeting.

(5)

Hearing. At the time of the public hearing, the city council shall hear from the enforcement officer and any other parties who wish to be heard. After the hearing, the city council shall adopt a resolution describing what abatement action, if any, the council deems appropriate. If the resolution calls for abatement action, the council may either order the city to take the abatement action or fix a time within which the nuisance must be abated in accordance with the provisions of Chapter 33 of this Legislative Code and provide that if corrective action is not taken within the specified time, the city shall abate the nuisance.

(6)

Notice of city council action. The council secretary shall give a copy of this resolution to the enforcement officer, who shall serve copies to any of the parties required to be notified in subsection (4).

(Ord. No. 17861, § 1, 8-13-91; Ord. No. 17899, 1-7-92; C.F. No. 93-999, 8-3-93; C.F. No. 94-140, § 4, 3-2-94; C.F. No. 97-564, § 1, 7-2-97; C.F. No. 05-475, § 1, 6-22-05)