Sec. 9.3. - Abatement of Nuisances.
Where no other procedure is made specifically applicable by another provision of this Code, any property, structure, condition or activity prohibited by this Chapter, or declared a public nuisance elsewhere in this Code, may be abated by the City Manager, acting in the capacity of Director of Public Welfare, or the City Manager's designee, in accordance with the procedure set out in this Chapter. The City Manager shall first investigate, or cause to be investigated, the existence of the alleged public nuisance to determine whether or not a public nuisance as defined in Section 9.1, or elsewhere in this Code, exists and to further determine the person who has created, is committing, is permitting or is maintaining that public nuisance. The City Manager, or the City Manager's designee, shall then give written notice to the person or persons responsible for the creation, commission, permitting or maintenance of such public nuisance, specifying in particular the nature of the public nuisance, the corrective action to be taken to abate the public nuisance, and the time limit for the abatement of the public nuisance, which shall be a reasonable time, but not to exceed twenty days from the time the notice is served. The notice shall be served in accordance with Section 1.11 of the City Code.
If, at the expiration of the time limit in the notice, the person responsible for the public nuisance shall not have complied with the requirements of the notice, the City Manager shall carry out the requirements of the notice, take other action as permitted by this Code or state law, or otherwise abate the public nuisance. Notwithstanding any other provision of this Code, where a public nuisance that necessitates abatement exists on private property, the owner of the property where the public nuisance condition exists, as determined by the City in accordance with this Code, shall be liable for all costs incurred by the City in connection with its enforcement of the City Code regardless of whether the City performs the work, a City contractor or vendor performs the work, or whether the City's Code enforcement actions caused the person or persons with ownership of the property, as defined in this Code, to perform the work or otherwise bring the property into compliance with the applicable provisions of the City Code.
All of the costs of Code enforcement activities provided for in this Code and incurred by the City shall be billed to the owner of the property, or other clearly responsible party, and shall be paid within 30 days of mailing. All costs of such abatement-related and Code enforcement activities shall be a personal debt owed to the City by the person billed for the public nuisance and, if the public nuisance is attributable to the use, occupancy, care, control, dominion or ownership of any land or premises, shall also, in addition to being a personal debt, be charged against such premises and the owner thereof and shall be a lien on the property until paid.
It shall be a violation of this Code for any person to fail, neglect or refuse to comply with an order issued pursuant to the provisions of this Chapter unless an appeal is lawfully filed as provided for in this Chapter.
(Ord. No. 2011-44, § 1, 10-11-11)