[Ord. No. 1856, 12-28-1982]
A public nuisance is:
[Ord. No. 1856, 12-28-1982]
1.
Whenever it comes to the attention of the City Manager that any nuisance, as defined in LOC § 34.08.400, exists in the City, the City Manager may cause abatement proceedings to be initiated.
2.
If the City Manager determines that a nuisance
exists, a notice shall be sent to the occupant of the property where
the nuisance exists and in case there is no such occupant or the occupant
is not the property owner, then notice shall also be sent to the property
owner or its agent.
The notice(s) may be personally served
or sent by registered or certified mail, postage prepaid, return receipt
requested to the person(s) responsible. A notice mailed to the property
owner shall be sent to the last known address as shown on the county
property tax assessment records.
3.
The City Manager shall cause a notice to
be posted on the premises where the nuisance exists.
4.
The notice to abate shall contain:
a.
A description of the real property
on which the nuisance exists by street address or otherwise. This
condition is satisfied if the notice describes the adjoining or nearby
property as affected by such nuisance.
b.
A description of the nuisance.
c.
A direction to abate the nuisance
within a specified period of time but in no event longer than 30 days
from the date of the notice.
d.
A statement that the responsible
person or property owner may appeal the City Manager’s decision
of the existence of the nuisance by giving written notice to the City
Recorder within 10 days from the date of the notice.
e.
A statement that unless the nuisance is removed, the City may remove or abate the nuisance and charge the responsible party with the cost of abatement as specified in LOC § 34.08.421 and may place a lien on the property on which the nuisance exists in the amount of the costs incurred by the City for the abatement.
5.
Upon completion of the posting and mailing,
the person posting and mailing the notice shall cause to be executed
and filed a certificate stating the date of service and posting and
the manner of service.
6.
An error in the name or address of the
owner, occupant or person responsible or the use of a name other than
that of the owner, occupant or person responsible shall not make the
notice void. So long as it can be shown the owner or responsible party
had actual knowledge of the condition constituting a nuisance, the
posted notice shall be sufficient.
[Repealed by Ord. No. 1856, 12-28-1982]
[Ord. No. 1856, 12-28-1982]
1.
Within the time specified after the posting and service of the notice as provided in LOC § 34.08.405, the person responsible shall remove the nuisance or appeal the City Manager’s decision that a nuisance exists.
2.
A person responsible, who wishes to appeal
the City Manager’s decision that a nuisance exists, shall file
with the City Recorder, within 10 days of the date of the notice,
a written statement which shall specify the basis for the appeal.
3.
The matter shall be referred to the City
Council as a part of the Council’s regular proceedings. Further
abatement action by the City shall be stayed until the Council disposes
of the appeal. Prior to such meeting the City Manager may notify any
interested person or organization of the matter before the Council.
At the time set for consideration, the person appealing and any other
interested person or organization may appear and be heard by the Council.
The Council shall then determine whether the condition constitutes
a nuisance.
4.
If the person responsible fails or refuses
to remove the nuisance or to appeal the City Manager’s decision
that a nuisance exists within the time specified, the determination
by the City Manager of whether the nuisance exists becomes final.
5.
If it is determined that a nuisance in
fact exists, then the responsible party shall remove or abate the
nuisance within 30 days of the original notice to abate or in the
case of an appeal to the Council within 10 days from the date the
Council decides the matter.
[Ord. No. 1856, 12-28-1982]
1.
In the event of the failure, refusal or neglect of the responsible party of any premises or property to cause a nuisance to be removed or abated, notwithstanding notice to do so as provided by LOC § 34.08.405, the City Manager may cause the nuisance to be abated by the City.
2.
The officer charged with abatement or removal
of the nuisance shall have the right at reasonable times to enter
into or upon property to investigate or cause the removal of the nuisance.
Should the property owner or occupant refuse consent to enter upon
the premises the officer may seek a search warrant for investigation
and abatement purposes.
3.
The City Manager shall keep an accurate
record of the expenses or costs incurred by the City in abating or
removing the nuisance.
[Repealed by Ord. No. 1856, 12-28-1982]
[Ord. No. 1856, 12-28-1982]
1.
The City Manager, by registered or certified
mail, postage prepaid, shall send to the owner and/or the person responsible
a notice stating:
a.
The total cost of abatement, including
but not limited to personnel salaries and benefits, operational overhead,
rent, interest, fees for experts or consultants, legal costs and expenses,
including attorney fees, claims against the City arising as a consequence
of the nuisance and procedures associated with collecting money due
hereunder.
b.
That the cost as indicated will be
assessed to and become a lien against the property and/or chargeable
and collected from the responsible party or owner unless paid within
30 days from the date of the notice of assessment.
c.
That if the owner or person responsible
objects to the cost of abatement as indicated, a written notice of
objection shall be filed with the City Recorder not more than 10 days
from the date of the notice.
2.
Within the time specified after the mailing
of the notice, the person responsible shall pay the assessment of
costs or object to the assessment. The person responsible who objects
to the assessment shall file with the City Recorder a written statement
which shall specify the basis for objection to the assessment of costs.
No objection shall be heard to the determination that a nuisance existed
before the City’s abatement or removal.
3.
The matter shall be referred to the City
Council as a part of the Council’s regular proceedings. At the
time set for consideration, the person responsible and protesting
the amount of the assessment may appear and be heard. The Council
shall then determine the amount of the assessment.
4.
In the case where no protest is made to
the amount of the assessment, or where the Council has determined
the amount of the assessment, the City Manager shall file in the Lien
Docket of the City, the amount of the assessment which upon such filing
becomes a lien on the property. The Manager shall also maintain the
record of the matter, including proof of mailing of the notice, a
copy of the notice, copies of any correspondence from the person responsible
and a copy of the Council minutes indicating an amount to be assessed.
From the date of filing until paid the assessment of costs shall constitute
a lien and encumbrance on the property, bear interest at 10% compounded
per annum, or any part thereof, and may be collected in the same manner
as assessments for local improvement districts prescribed by the City
Code.
[Ord. No. 1856, 12-28-1982; Ord. No. 2231, Amended, 3-21-2000]
The nuisance abatement procedure provided in LOC §§ 34.08.405 through 34.08.421 is not an exclusive remedy; any other remedy provided by this chapter or State law is available unless otherwise provided. The City Manager or the appropriate official may in addition to nuisance abatement or any other proceedings initiate civil violation proceedings against the owner of property on which the condition exists or against any other person determined to be responsible for such condition. Any penalty or fine imposed for the civil violation shall be in addition to reimbursement for any abatement costs as determined under LOC § 34.08.421.
[Repealed by Ord. No. 1856, 12-28-1982]
[Ord. No. 1856, 12-28-1982]
Upon request of the City Manager,
the City Attorney may institute an appropriate action in any court
to enjoin the maintenance of any use, occupation, building or structure
which is in violation of any provision of this chapter.
[Ord. No. 1856, 12-28-1982]
A nuisance which threatens or causes immediate serious harm to the health, safety or welfare of life or property may be summarily abated by the City Manager. Where the City Manager determines that a nuisance of serious potential harm exists, such that summary abatement is judged necessary and prudent, the preabatement notice and opportunity to cure provisions of LOC §§ 34.08.405 through 34.08.411 need not be complied with. The emergency nature of the nuisance and its immediate abatement are more important than the responsible person’s right to preabatement notice and opportunity to cure. The provisions for assessment and collection of costs for removal or abatement by the City (LOC §§ 34.08.415 and 34.08.421) shall apply in the case of summary abatement, except the person responsible may in addition to the amount of the assessment be heard on the propriety of the City Manager’s determination that the summary abatement was necessary or prudent.
[Repealed by Ord. No. 1856, 12-28-1982]
