§ 45.10. Abatement procedure.

Unless the nuisance is as described in sections 45.11 or 45.12, the city may abate the nuisance by the procedure described below:

(1)

Order. The enforcement officer shall serve a written order upon the owner. The written order shall also be served upon any responsible party known to the officer and may be served upon any party known to have caused the nuisance. The written order shall contain the following:

a.

A description of the real estate sufficient for identification;

b.

A description and location of the nuisance and the remedial action required to abate the nuisance;

c.

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

d.

A statement that the order may be appealed and a hearing before the Legislative Hearing Officer obtained by filing a written request with the city clerk before the appeal deadline which shall be the abatement deadline designated in the order or seven (7) calendar days after the date of the order, whichever comes first; and

e.

A statement that, if the remedial action is not taken nor a request for a public hearing filed with the city clerk within the time specified, the city will abate the nuisance and charge all costs incurred therein against the real estate as a special assessment to be collected in the same manner as property taxes.

(2)

Setting hearing date. In the event that an appeal is filed with the city clerk, the city clerk shall within two (2) weeks fix a date for a public hearing.

(3)

Notice of hearing date. In the event that an appeal is filed, the city clerk shall mail a notice of the date, time, place and subject of the hearing to the owner and known responsible parties. The city clerk shall also mail the notice to a citizen participation district council for the district where the nuisance is located requesting that it notify the surrounding property owners and occupants. The city clerk shall also notify the enforcement officer.

(4a)

Legislative Hearing Officer. The legislative hearing officer appointed by the city council president shall convene a public hearing at which time the appellant shall have an opportunity to present evidence and testimony to support the appeal of the abatement order. The legislative hearing officer may receive evidence and testimony from the enforcement officer and other parties who wish to be heard. Upon receiving the evidence and testimony, the legislative hearing officer shall make a written recommendation to the city council which may confirm, modify, revoke, alter or cancel the order of the enforcement officer.

(4)

Hearing. The city council shall review the recommendations of the legislative hearing officer and may confirm, modify or approve the order of the enforcement officer. If the council determination requires abatement, the city council shall, in the resolution, fix a time within which the nuisance must be abated and shall provide that, if the nuisance is not eliminated within the time specified, the city may abate the nuisance and assess the costs of the abatement to the subject real estate as a special assessment.

(5)

Abatement. If the remedial action is not taken nor an appeal filed within the time specified, the city may abate the nuisance.

(Ord. No. 17861, § 1, 8-13-91; C.F. No. 94-140, § 3, 3-2-94; C.F. No. 99-329, § 1, 5-5-99)