Unless the context requires otherwise, the following definitions apply in this chapter:
"Person"
means a natural person, firm, partnership, association or corporation, whether he or she is acting for him or herself or is the representative or agent of another.
"Person in charge of property"
means an agent, lessee, contract purchaser or other person having possession or control of property or the supervision of any construction project.
"Person responsible"
means the person responsible for abating a nuisance including:
1. 
The owner;
2. 
The person in charge of property, as defined above;
3. 
The person who caused to come into or continue in existence a nuisance as defined in this chapter or in any ordinance of this city.
"Premises,"
as used in this chapter, means and includes property, landscaping, plantings, trees, bushes, fences, buildings, fixtures and the exterior storage of personal property, equipment, supplies and vehicles.
"Public place"
means a building, way, place or accommodation, whether publicly or privately owned, open and available to the general public.
(Ord. 85-7 § 1)
A. 
No person being the owner or custodian of any dog or animal shall permit or allow any such dog or animal to be a public nuisance.
B. 
A dog or animal is a public nuisance if it:
1. 
Bites a person;
2. 
Habitually chases vehicles or persons;
3. 
Damages or destroys property of persons other than the owner of the dog;
4. 
Scatters garbage;
5. 
Trespasses on private property of persons other than the owner of the dog;
6. 
Disturbs any person by frequent or prolonged noises.
(Ord. 85-7 § 2)
No owner or person in charge of an animal shall permit an animal which is dangerous to the public health or safety to be exposed in public. If the animal is exposed in public, it may be taken into custody by the city and disposed of in accordance with the procedures provided by Chapter 6.04, regulating the impoundment of dogs; except that before the animal is released by the city, the municipal judge must find that proper precautions will be taken to insure the public health and safety.
(Ord. 85-7 § 3)
A. 
No person shall keep or maintain livestock, bees, poultry or other animals, excluding household pets, unless the animals are located more than one hundred feet from any residence other than the residence of the person whose animals they are unless specifically authorized in subsection B or C. The required one hundred foot separation applies to any structures that house the animal, either temporarily or permanently, and the area(s) used by the animals for grazing, feeding, exercising and similar activities.
B. 
Chickens.
1. 
Definitions. For the purposes of this section: "chicken" means the common domestic fowl (Gallus domesticus) or its young; "coop" means a structure providing roofed shelter for the chickens; "runway" means a fenced area connected to the coop; and "chicken facility" means the combination of the coop and runway.
2. 
Chickens may be kept subject to the following conditions:
a. 
A maximum of four chickens;
b. 
Roosters are prohibited;
c. 
The chickens shall be confined at all times within a coop with a fully enclosed runway;
d. 
The chicken facility shall comply with the setback requirements of the zone in which it is located;
e. 
The chicken facility shall be located a minimum of fifteen feet from the exterior of any dwellings adjacent to the property on which the chickens are kept;
f. 
The chicken facility must be maintained in a clean and sanitary condition so that it is free of vermin and offensive odors. The chicken facility shall not create a disturbance to neighboring residents due to noise or odor. The chicken facility shall be open at all times for inspection by the city. If an inspection reveals that any provision in this section is violated, the city shall give written notice to the owner, specifying the violation and requiring that the violation be corrected within forty-eight hours of the notice thereof. If the violation is not corrected within the period specified, the owner will be deemed in violation of the provisions of this section and subject to the penalties of Section 8.04.240. If an owner is found in violation of the provisions of this section for a third time, the city council shall hold a hearing on a revocation of the privilege to maintain chickens. At the hearing, the owner may present such evidence as may be relevant. At the conclusion of the hearing, based on the evidence it has received, the council may determine to revoke the privilege to maintain chickens, attach conditions to the on-going privilege to maintain chickens, or continue to permit the owner to maintain chickens.
C. 
The city council may authorize the keeping of animals, other than chickens, that do not conform to the standard of subsection A, where it finds that they are being kept for educational or entertainment purposes.
(Ord. 85-7 § 4; Ord. 90-12 § 1; Ord. 09-7 § 1)
Except for domesticated cats, no owner or person in charge of an animal shall permit the animal to be at large. Animals at large may be taken into custody by the city and disposed of in accordance with the procedures provided by Chapter 6.04, regulating the impoundment of dogs.
(Ord. 85-7 § 5; Ord. 00-3 § 1)
No person shall permit an animal carcass owned or controlled by him or her to remain upon public property, or to be exposed on private property, for a period of time longer than is reasonably necessary to remove or dispose of the carcass.
(Ord. 85-7 § 6)
No person shall cause, or permit on property owned or controlled by him or her, a nuisance affecting public health. The following is a nonexclusive list of nuisances affecting the public health and may be abated as provided in this chapter.
A. 
Privies. An open vault or privy constructed and maintained within the city, except those constructed or maintained in connection with construction projects in accordance with the Oregon State Health Division regulations.
B. 
Debris. Accumulations of debris, rubbish, manure and other refuse that are not removed within a reasonable time and that affect the health of the city.
C. 
Stagnant Water. Stagnant water which affords a breeding place for mosquitoes and other insect pests.
D. 
Water Pollution. Pollution of a body of water, well, spring, stream or drainage ditch by sewage, industrial wastes or other substances placed in or near the water in a manner that will cause harmful material to pollute the water.
E. 
Food. Decayed or unwholesome food which is offered for human consumption.
F. 
Odor. Premises which are in such a state or condition as to cause an offensive odor or which are in an unsanitary condition.
G. 
Surface Drainage. Drainage of liquid wastes from private premises.
H. 
Cesspools. Cesspools or septic tanks which are in an unsanitary condition, or which cause an offensive odor.
I. 
Slaughterhouses, Etc. A slaughterhouse, tannery or pig sty.
(Ord. 85-7 § 7)
No person shall leave in a place accessible to children an abandoned or discarded icebox, refrigerator or similar container without first removing the door.
(Ord. 85-7 § 8)
A. 
No owner or person in charge of property shall permit thereon:
1. 
Unguarded machinery, equipment or other devices which are dangerous or accessible to children;
2. 
Lumber, logs or pilings placed or stored in a manner so as to be dangerous or accessible to children;
3. 
An open pit, quarry, cistern or other excavation without safeguards or barriers to prevent such places from being used by children.
B. 
Any accessible nuisance which may prove detrimental to children whether in a building, on the premises of a building, occupied or unoccupied lot. This includes, but is not necessarily limited to, any abandoned wells, shafts, basements or excavations; abandoned refrigerators and motor vehicles; any structurally unsound fences or structures; or any lumber, logs, pilings, trash, fences, debris or vegetation which may prove a hazard for inquisitive minors.
C. 
This section does not apply to authorized construction projects with reasonable safeguards to prevent injury or death to playing children.
(Ord. 85-7 § 9)
No person shall deposit upon public or private property any kind of rubbish, trash, debris, refuse or any substance that would mar the appearance, create a stench or fire hazard, detract from the cleanliness or safety of the property, or would be likely to injure a person, animal or vehicle traveling upon a public way. This includes, but is not limited to, yard clippings, mowed grass, tree branches, or other organic material resulting from the care and maintenance of lawns and gardens.
(Ord. 85-7 § 10; Ord. 93-27 § 1)
A. 
No person shall keep any junk outdoors within view of persons on any street or adjacent property. No person shall keep any junk indoors, in a building that is not wholly or entirely enclosed, except by doors used for ingress and egress.
B. 
The term "junk" as used in this section includes, but is not limited to, all motor vehicles not currently licensed or motor vehicles which are inoperable, old or unusable motor vehicle parts, abandoned automobiles, old machinery, old machinery parts, old appliances or parts thereof, old iron or other metal, glass, paper, lumber, wood or other waste or discarded material.
C. 
This section does not apply to junk kept in a duly licensed junkyard, automobile wrecking house, automobile sales lot or automobile repair shop.
(Ord. 85-7 § 11)
A. 
No owner or person in charge of property that abuts upon a street or public sidewalk shall permit trees or bushes on this property to interfere with street or sidewalk traffic. It shall be the duty of an owner or person in charge of property that abuts upon a street or public sidewalk to keep all trees and bushes on his premises, including the adjoining parking strip, trimmed to a height of not less than eight feet above the sidewalk and not less than fourteen feet above the roadway.
B. 
No owner or person in charge of property shall allow to stand a dead or decaying tree that is a hazard to the public or to persons or property on or near the property.
(Ord. 85-7 § 12; Ord. 96-13 § 1)
A. 
No owner or person in charge of property shall construct or maintain a barbed wire fence.
B. 
No owner or person in charge of property shall construct, maintain or operate an electric fence along a sidewalk or public way or along the adjoining property line of another person.
(Ord. 85-7 § 13)
A. 
No owner or person in charge of a building or structure shall suffer or permit rainwater, ice or snow to fall from the building or structure onto a street or public sidewalk, or to flow across the sidewalk.
B. 
The owner or person in charge of property shall install and maintain in proper state of repair adequate drainpipes or a drainage system so that any overflow water accumulating on the roof or about the building is not carried across or upon the sidewalk.
C. 
No owner or person in charge of property shall allow overflow water from a building to drain onto the property of another.
(Ord. 85-7 § 14)
A. 
No person shall operate or use an electrical, mechanical or other device, apparatus, instrument or machine that causes reasonable preventable interference with radio or television reception by a radio or television receiver of good engineering design.
B. 
This section does not apply to devices licensed, approved and operated under the rules and regulations of the Federal Communications Commission.
(Ord. 85-7 § 15)
A. 
No person shall affix or cause to be affixed a placard, bill, advertisement or poster upon real or personal property, public or private, without first securing permission from the owner or person in control of the property. This section shall not be construed as an amendment to or a repeal of any regulation now or hereafter adopted by the city regulating the use of and the location of signs and advertising.
B. 
No person shall scatter or cause to be scattered on public or private property any placards, advertisements or other similar material.
C. 
This section does not prohibit the distribution of advertising material during a parade or approved public gathering.
(Ord. 85-7 § 16)
A. 
Purpose. The purpose of this section is to protect public health, safety, and welfare through the required maintenance of unkempt, unsightly, unsafe, unsanitary, and otherwise improperly maintained premises and structures.
This section is intended to protect the city from blight, deterioration, and decay as a result of properties in a condition or state that would adversely influence value, utility, and habitability of property within the city. These conditions pose a hazard to the public health, safety, and welfare; they also damage adjoining and nearby properties. A property which is unkempt or vacant for long periods may reduce the value of adjoining and nearby properties.
The purposes of this section are:
1. 
To supplement other chapters of the municipal code and further define as public nuisances those conditions which constitute visual blight and which could result in conditions which are harmful or deleterious to the public health, safety or welfare; and
2. 
To promote the sound maintenance of property; and
3. 
To enhance the livability, community appearance, and the social, economic, and environmental conditions of the community; and
4. 
To establish procedures for the correction of violations and nuisances that afford due process and procedural guarantees to affected property owners; and
5. 
To support responsible environmental practices with the repair and reuse of existing structures in lieu of demolition of buildings that can be repaired.
B. 
Administration.
1. 
The city manager or designee shall identify and monitor the condition of buildings and properties within the city.
2. 
The city may take appropriate steps to gain entry into or upon the property to investigate and/or abate a nuisance.
C. 
Derelict Buildings or Property.
1. 
A structure or property in violation of the standards in subsection E or F is a derelict building or property, and a nuisance. Derelict buildings or properties are subject to the requirements for abatement in Sections 8.04.180 through 8.04.240, or any other enforcement methods available to the city.
2. 
Determination of whether a building or property is in violation of the standards in subsection E or F shall be made by the building official, in consultation with the police chief, fire chief, public works director, planning director, their designees, or others as needed. The decision of the building official may be appealed to the city manager.
3. 
The building official may find that minor infractions of the standards in subsection E or F are reasonable maintenance deficiencies, and need not be declared as a nuisance depending on the degree or severity of the infraction.
D. 
Exceptions. A building and/or properties that are actively undergoing construction or repair as indicated by a valid building permit and by diligent progress toward completion are not subject to this chapter. This exception does not apply to public safety or health concerns.
E. 
Building and Property Maintenance Standards. All property shall be maintained to meet or exceed building code requirements in effect at the time of construction, alteration, or repair; and shall meet or exceed the minimum requirements described herein.
1. 
Accessory Structures. All accessory structures, including sheds, trellises, awnings, fences, and other similar features, shall be maintained structurally safe and sound, and in good repair. Exterior steps and walkways shall be maintained free of unsafe obstructions or hazardous conditions.
2. 
Roofs. The roof shall be structurally sound, tight, and have no defects which might admit rain. Roof drainage shall be adequate to prevent rainwater from causing dampness in the walls or interior portion of the building. Roof drains, gutters, and downspouts shall be maintained in good repair and free from obstructions, and shall channel rainwater into approved receivers.
3. 
Chimneys. All chimneys, vents, stovepipes, and similar appurtenances/attachments shall be structurally safe and sound, and in good repair. They shall remain adequately supported, free from obstructions, and without leakage or back-up of noxious gases. They shall be reasonably plumb. Loose bricks or blocks shall be rebonded. Loose or missing mortar shall be replaced. Unused openings into the interior of the structure must be permanently sealed using approved materials.
4. 
Foundations and Structural Members. Foundation elements shall adequately support the building and be free of rot, crumbling elements, or similar deterioration. Supporting members shall be structurally sound, and free of deterioration or decay which would substantially impair their ability to carry imposed loads.
5. 
Exterior Walls and Exposed Surfaces.
a. 
Exterior wall and weather-exposed exterior surface or attachment shall be free of holes, breaks, loose or rotting boards and any other conditions which might admit rain or dampness to the interior portions of the walls or occupied spaces.
b. 
Exterior wood surfaces shall be substantially impervious to the adverse effects of weather, and be maintained in good condition.
c. 
Exterior metal surfaces shall be protected from rust and corrosion that would substantially impair its ability to carry imposed loads.
d. 
Exterior brick, stone, masonry, or other veneer shall be structurally sound and be adequately supported and tied back to its supporting structure.
e. 
Cornices, belt courses, corbels, trim, wall facings, and similar decorative features shall be in good repair with proper anchorage and in a safe condition.
f. 
Overhang extensions, including, but not limited to, canopies, marquees, signs, awnings, fire escapes, standpipes, and exhaust vents shall be in good repair, properly anchored, and in sound condition.
g. 
Painted surfaces shall be in good condition without extensive peeling, blistering, cracking, or other indications of deterioration or failure.
6. 
Stairs and Porches. Stair, porch, deck, balcony, and appurtenances/attachments shall be safe to use and capable of supporting the loads to which they are subjected, and shall be in sound condition and good repair. Flooring, treads, risers, and stringers that evidence excessive wear or are broken, warped, or loose shall be repaired or replaced as necessary.
7. 
Handrails and Guardrails. Handrail and guardrail shall be firmly fastened, and shall be in good condition, and capable of supporting the loads to which they are subjected.
8. 
Windows. Each window shall be substantially weather-tight, shall be in sound condition and repair for its intended use, and shall comply with the following:
a. 
Window sash shall be fully supplied with glass window panes or an approved substitute without open cracks and holes.
b. 
Window sash shall be in good condition and fit weather-tight within its frames.
c. 
Window frames shall exclude rain as completely as possible, and substantially exclude wind from the structure.
9. 
Doors. Exterior doors, door assemblies, and hardware shall be in good condition, be weather-tight, and substantially exclude wind and rain from the structure.
10. 
Hazardous Materials.
a. 
Residential property shall be free of dangerous levels of hazardous materials, contamination by toxic chemicals, or other circumstances that would render the property unsafe.
b. 
No residential property shall be used as a place for the storage and handling of highly combustible or explosive materials or any articles which may be dangerous or detrimental to life or health. No residential property shall be used for the storage or sale of paints, stains, varnishes, solvents, or oils, except as needed to maintain the dwelling.
c. 
Residential property shall be kept free of friable asbestos.
11. 
Exterior Facilities and Equipment. In addition to other requirements of this section, all exterior facilities and equipment, such as heat pumps, generators, HVAC equipment, exhaust fans, etc., shall be constructed and maintained to properly and safely perform their intended function; to prevent structural damage to the building; and to avoid hazards of health, sanitation, or fire.
12. 
Debris. Property shall be kept free of debris, trash, building materials, and other goods which are visible from the street or adjacent properties. Debris shall include, but not be limited to: tires, lumber, household appliances, inoperable or excess vehicles, furniture, sinks, toilets, cabinets, other household fixtures, equipment, rubbish, garbage, salvage materials, or parts thereof which constitute a fire hazard and/or are stored or accumulated in such a manner as to be visible from a public street, alley or adjoining property;
13. 
Walkways, Parking Areas, and Walls. Walls, driveways, walkways, parking areas, and retaining and/or decorative walls shall be maintained in such condition as to not become so defective, unsightly, or in such condition of deterioration or disrepair that the same causes potential depreciation of the values of surrounding property, or is materially detrimental to nearby properties and improvements.
14. 
Weeds and Noxious Vegetation. Weeds or other noxious vegetation shall be cut down or destroyed, or otherwise prevented from becoming unsightly, becoming a fire hazard, going to seed, or spreading to nearby property. The standards and requirements of Chapter 8.12, Brush and Weeds, are applicable, in addition to the requirements of this section.
F. 
Vacant Buildings.
1. 
Purpose. Vacant buildings can be a cause and source of blight if not actively maintained. Vacant buildings discourage community development and retard appreciation of property values. Vacant buildings are potential fire hazards. Vacant buildings cause increased need for police protection. It is the owner's responsibility to prevent property from becoming a burden to the neighborhood and community and a threat to the public health, safety, or welfare.
2. 
Maintenance and Security Requirements. In addition to the maintenance standards in subsection E, the following maintenance and security requirements are applicable to vacant buildings:
a. 
The building and/or property shall be kept free of any accumulation of newspapers, circulars or flyers, graffiti, discarded items including, but not limited to, furniture, clothing, appliances, building materials, demolition materials, or any other items that give the appearance that the property or building is vacant.
b. 
The building and/or property shall be secure and not accessible to unauthorized persons, including, but not limited to, the closure and locking of windows, doors, and any other opening of such size that may allow access the interior of a structure; chaining or padlocking gates; and repairing fencing.
c. 
Broken windows or doors shall be secured by means of reglazing with undamaged glass or other approved permanent material, and not by cardboard, plywood, or other temporary means except as necessary for not more than one month while awaiting repair.
d. 
Vegetation around the building shall be pruned back from the walls to allow airflow and security visibility. Overhanging dead tree limbs and branches shall be removed.
3. 
Enforcement. After a determination that a building is a vacant building, the city shall notify the owner of the property of the following requirements:
a. 
The building shall be repaired to a useable condition and shall be offered for sale, lease, or rent, or shall be legally occupied; and
b. 
The building shall meet the maintenance and security requirements in subsection (F)(2).
G. 
Chronic Nuisances.
1. 
Purpose. The purpose of this section is to establish an expedited enforcement program to address the problem of multiple, continuing violations concerning derelict, abandoned, or vacant commercial or residential buildings and property within the city. Chronic nuisance properties present health, safety and welfare concerns. This section is enacted to remedy chronic nuisances by providing a process for abatement. This remedy is not an exclusive remedy, and may be used in conjunction with other remedy authorized by law. This section is a means to ameliorate nuisance conditions and hold accountable those persons responsible for such property.
2. 
Chronic Nuisance Determination. The city manager or designee shall determine that a nuisance is chronic based on personal observation by a city employee, or after an investigation by the city as a result of a complaint filed with the city; and a determination that there are reasonable grounds to conclude that the alleged nuisance conditions violate the municipal code. Violations of nuisances and offenses as identified in this section shall be deemed a chronic nuisance if the following circumstances exist. For the purpose of chronic nuisance determination, each day a citation is issued for an existing violation shall constitute a separate "nuisance activity."
a. 
Property on which three or more nuisance conditions exist or have occurred during any consecutive sixty-day period; or
b. 
Property on which one or more nuisance conditions exist or have occurred on three or more separate properties under the same ownership during any consecutive twelve-month period.
3. 
Enforcement.
a. 
In addition to any other enforcement remedies available to the city, properties deemed to be a chronic nuisance shall be subject to expedited enforcement including, but not limited to, the following:
i. 
Fewer days allowed to abate the nuisance; and/or
ii. 
Fewer contacts by the city in the enforcement process prior to abatement by the city.
b. 
Any fees, fines, or costs associated with a chronic nuisance shall be double the amount established by the city for the nuisance cited. If the nuisance is abated by the person in charge of the property to the satisfaction of the city manager or designee within thirty days of the date of notice, the matter shall not be referred to the city attorney and the person in charge shall not be subject to the double penalty of this section. Standard amount of penalties may still be assessed.
4. 
Procedures.
a. 
Notice. The city manager or designee shall expedite enforcement procedures to abate the nuisance once it is determined that a property is a chronic nuisance. The expedited process shall include notification to the property owner. The notice shall include the following information:
i. 
The nature of the chronic nuisance.
ii. 
State that the owner shall respond within ten days to the city manager or designee with the following information: (A) identify a plan for abatement of the nuisance including a schedule for completion; or (B) indicate good cause as to why the nuisance cannot be abated; or (C) contest the determination of the existence of a chronic nuisance.
iii. 
State that an acceptable abatement plan must be reached with the city manager or designee within thirty days from the date of the notice of determination that a chronic nuisance exists.
iv. 
State that if the nuisance is not abated and good cause for failure to abate is not shown within the timeframe established by the abatement plan reached under paragraph (iii), the matter may be referred to the city attorney to seek any remedy deemed to be appropriate to abate the nuisance.
v. 
State that fines, fees, and other costs may be doubled due to the chronic nuisance determination.
b. 
Commencement of Enforcement Action by City Attorney. Within thirty days of referral, the city attorney may initiate an action in any court of competent jurisdiction to abate a chronic nuisance property, to impose penalties pursuant to this chapter, and/or seek any other relief authorized by law.
c. 
Additional Remedies.
i. 
Rental Properties. In addition to any other remedies authorized by this chapter, and as a part of its order abating a chronic nuisance property, a court may order the owner to pay relocation assistance to a tenant who must relocate because of the order of abatement if the tenant was not a cause of or participant in the nuisance.
ii. 
Existing City Permits.
(A) 
Permit Suspension or Revocation. In addition to other remedies, upon the finding by the city manager or designee that a property is a chronic nuisance property, the person in charge is subject to the suspension or revocation of a business license, other city license, or city permit for the subject property. Permits and/or licenses issued to a tenant who has not caused or participated in the nuisance activity shall not be suspended or revoked as a result of the actions or inaction of the owner of the subject property.
(B) 
Permit Reinstatement. A suspended or revoked permit or license may be reinstated by the city manager or designee once the nuisance has been abated and all liens, fines, fees, or costs have been satisfied. A new permit or license for the subject property shall not be issued until the nuisance has been abated and all city liens, fines, fees, or costs have been satisfied.
5. 
Appeals. The owner shall have the right to contest the chronic nuisance determination by responding within ten days to the city manager with a request for a review of the determination.
(Ord. 16-4 § 1)
A. 
The acts, conditions or objects specifically enumerated and defined in Sections 8.04.020 through 8.04.165 are declared public nuisances; and such acts, conditions or objects may be abated by any of the procedures set forth in Sections 8.04.180 through 8.04.240.
B. 
In addition to the nuisances specifically enumerated within this chapter, every other thing, substance or act which is determined by the city manager to be injurious or detrimental to the public health, safety or welfare of the city is declared a nuisance and may be abated as provided in this chapter.
(Ord. 85-7 § 17)
A. 
Upon determination by the city manager that a nuisance as defined in this chapter or any ordinance of the city exists, the city manager shall forthwith cause a notice to be posted on the premises where the nuisance exists directing the owner or person in charge of the property to abate the nuisance.
B. 
At the time of posting, a copy of such notice shall be forwarded by registered or certified mail, postage paid, to the record owner, and if known or disclosed from official public records of the tax assessor's office, any other legal interest in the building or land.
C. 
The notice to abate shall contain:
1. 
The street address, tax lot number or a legal description sufficient for identification of the real property;
2. 
A direction to abate the nuisance within a reasonable time but not more than thirty days;
3. 
A description of the nuisance;
4. 
A statement that unless the nuisance is removed, the city may abate the nuisance; and the cost of abatement shall be a lien against the property;
5. 
A statement that the owner or other person in charge of the property may protest the abatement by giving notice to the city manager within ten days from the date of the notice.
D. 
Upon completion of the posting and mailing, the person posting and mailing the notice shall execute and file a certificate stating the date and place of the mailing and posting.
E. 
An error in the name or address of the owner or person in charge of the property or the use of a name other than that of the owner or other person shall not make the notice void, and in such a case, the posted notice shall be sufficient.
(Ord. 85-7 § 18)
A. 
Within the time allowed after posting and mailing of such notice, as provided in Section 8.04.180, the person responsible shall remove the nuisance or show that no nuisance exists.
B. 
A person responsible, protesting that no nuisance exists, shall file with the city manager a written statement which shall specify the basis for so protesting.
C. 
The statement shall be referred to the council as a part of the council's regular agenda at its next succeeding meeting. At the time set for the consideration of the abatement, the owner or other person may appear and be heard by the council, and the council shall thereupon determine whether or not a nuisance in fact exists, and the determination shall be entered in the official minutes of the council. Council determination shall be required only in those cases where a written statement has been filed as provided.
D. 
If the council determines that a nuisance does in fact exist, the person responsible shall, within the time specified after the council determination, abate the nuisance.
(Ord. 85-7 § 19)
If more than one person is a person responsible, they shall be jointly and severally liable for abating the nuisance, or for the costs incurred by the city in abating the nuisance.
(Ord. 85-7 § 20)
A. 
If, within the time allowed, the nuisance has not been abated by the person responsible, the council may cause the nuisance to be abated.
B. 
The officer charged with abatement of the nuisance shall have the right at reasonable times to enter into or upon property to investigate or cause the removal of a nuisance.
C. 
The city shall keep an accurate record of the expenses incurred in abating the nuisance, and in addition, there shall be a charge of twenty percent of incurred expenses for administrative overhead.
(Ord. 85-7 § 21)
A. 
The city, by registered or certified mail, postage prepaid, shall forward to the owner or person in charge of the property a notice stating:
1. 
The total cost of abatement, including the administrative overhead.
2. 
That the cost as indicated will be assessed to and become a lien against the property unless paid within thirty days from the date of notice.
3. 
That if the owner or person in charge of the property objects to the cost of the abatement as indicated, he or she may file a notice of objection with the city recorder not more than ten days from the date of the notice.
B. 
Upon the expiration of ten days after the date of the notice, the council in the regular course of business shall hear and determine the objections to the costs to be assessed.
C. 
If the costs of the abatement are not paid within thirty days from the date of the notice, an assessment of the costs as stated or as determined by the council shall be made by resolution and shall thereupon be entered in the docket of city liens; and, upon such entry being made, shall constitute a lien upon the property from which the nuisance was removed or abated.
D. 
The lien shall be enforced in the same manner as liens for street improvements are enforced and shall bear interest at the existing legal rate of interest. The interest shall commence to run from the date of the entry of the lien in the lien docket.
E. 
An error in the name of the owner or person in charge of the property shall not void the assessment, nor will a failure to receive the notice of the proposed assessment render the assessment void, but it shall remain a valid lien against the property.
(Ord. 85-7 § 22)
The procedure provided by this chapter is not exclusive, but is in addition to procedures provided by ordinances or laws including injunctive relief in state courts; and the city manager may proceed summarily to abate a health or other nuisance which unmistakably exists and which imminently endangers human life or property.
(Ord. 85-7 § 23)
A. 
A person violating the provisions of this chapter shall, upon conviction thereof, be punished by a fine not to exceed five hundred dollars.
B. 
Each day's violation of a provision of this chapter constitutes a separate offense.
C. 
The abatement of a nuisance is not a penalty for violating the provisions of this chapter, but is an additional remedy. The imposition of a penalty does not relieve a person of the duty to abate the nuisance; however, abatement of a nuisance within the specified time within the notice to abate, or if a written protest has been filed, then abatement within the time period specified by the council, if determined that a nuisance exists, will relieve the responsible person from the imposition of any fine under this section.
(Ord. 85-7 §§ 24, 25)