(A) Abatement notice.

(1) Upon determination by the City Manager or his or her designate that a nuisance exists as defined in the ordinances of this city, a notice shall be posted on the premises liable for the nuisance directing removal or abatement.

(2) At the time of posting, the city shall mail notice by certified mail with return receipt to the owner or agent, or occupant if occupied, in charge of the property at the last known address of the owner or agent.

(3) The notice to abate shall contain:

(a) A description of the real property, by street address or otherwise, on which or adjacent to which the nuisance exists;

(b) A direction to remove the nuisance within 15 days from the date of the notice or a date certain;

(c) A description of the nuisance;

(d) A statement that unless the nuisance is removed or abated, the city will do so and the cost thereof shall be a lien against the property;

(e) A statement that the owner or agent in charge of the property may protest the action by actual delivery of notice to the City Manager within 15 days from the date of the notice or the certain date.

(4) The person posting and mailing the notice as provided herein shall, upon completion of the posting and mailing, execute and file in the office of the Finance Director/Recorder a certificate stating the date and place of mailing and posting.

(5) An error in the name or address of the owner or agent in charge of the property or the use of a name other than that of the owner or agent shall not make the notice void and in a case the posted notice shall be deemed sufficient.

(B) Abatement by the owner.

(1) Within the time allowed by the notice as provided in division (A)(3) above, the owner or agent in charge of the property shall remove and abate the nuisance or show that no nuisance exists.

(2) Upon the city's determination that a nuisance does in fact exist, the owner or agent in charge shall within a reasonable time but not more than seven days, remove or abate the nuisance.

(C) Abatement by the city.

(1) If within the time fixed, as provided in this chapter, the nuisance has not been abated by the owner or agent in charge of the property, the city shall cause the nuisance to be abated.

(2) The city shall maintain an accurate record of the expense incurred by the city in abating the nuisance and shall include therein an overhead charge of 10% of the total cost for administration.

(3) The total cost, including the administrative overhead, shall thereupon be assessed to the property as hereinafter provided.

(D) Assessment of cost.

(1) A notice of the assessment shall be forwarded by certified mail with return receipt to the owner or agent in charge of the property by the Finance Director/Recorder. The notice shall contain:

(a) The total cost, including the administrative overhead, of the abatement.

(b) A statement that the cost as indicated will become a lien against the property unless paid within 60 days.

(c) A statement that if the owner or agent in charge of the property objects to the cost of the abatement as indicated, he may file a notice of objection with the Finance Director/Recorder within 30 days from the date of the notice.

(d) Notice that fee for recording in County Deed Records may be added.

(2) Objections to the proposed assessment shall be heard and determined by the City Manager or his designate.

(3) An assessment for the cost of the abatement as determined by the City Manager or his designate and adopted as a matter of record by resolution of the Council shall thereupon be entered in the docket of city liens, and upon the entry being made, it shall constitute a lien against the property from which the nuisance was removed or abated. Also, it may be recorded in the County Deed Records.

(4) The lien shall be collected in the same manner as improvement liens are collected and shall bear interest at a rate as established by resolution of the City Council. The interest shall commence to run 30 days after the entry in the lien docket.

(5) An error in the name of the owner or agent in charge of the property shall not void the assessment nor will a failure to receive the notice of the assessment render the assessment void, but it shall remain a valid lien against the property.

(E) Supplemental nature of provisions. The procedure provided by this section is not exclusive but in addition to procedure provided by other ordinances, and furthermore, the city may proceed summarily to abate a sanitary or other nuisance which exists and from which there is imminent danger to human life or property.

(Ord. 1887, passed 6-26-95; Am. Ord. 1907, passed 7-8-96)