§ 45.12. Emergency abatement procedure.

When the enforcement officer determines that an attractive nuisance, a nuisance condition or a dangerous structure as defined in section 43.02 exists on a property which 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 sections 45.10 or 45.11, the city may abate the nuisance by the procedure described below:

(1)

Order. The city shall order emergency abatement by an administrative order to be signed by the director of the department of safety and inspections, the director of the department of police or their officially designated representative.

(2)

Notice of abatement. Following an emergency abatement, the council shall schedule a hearing following notice thereof given in accordance with the requirements set forth in section 14.01 of the Charter. The notice shall contain:

a.

A description of the nuisance;

b.

The action taken by the city;

c.

The reasons for immediate action;

d.

The costs incurred in abating the nuisance; and

e.

The date, time and place of the public hearing.

(3)

Legislative hearing officer. Prior to the hearing, the legislative hearing officer appointed by the council president shall provide the owner 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.

(4)

Hearing. At the time of the 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 may adopt a resolution levying an assessment for all or a portion of the costs incurred by the city in abating the nuisance payable in a single installment, or by up to ten (10) equal annual installments as the council may provide.

(Ord. No. 17861, § 1, 8-13-91; C.F. No. 93-1000, 8-17-93; C.F. No. 94-140, § 5, 3-2-94; C.F. No. 99-751, § 1, 9-1-99; C.F. No. 03-887, § 6, 11-5-03; C.F. No. 07-149, § 15, 3-28-07)