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09-1273 Nuisance Abatement
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09-1273 Nuisance Abatement
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Last modified
3/5/2009 4:58:23 PM
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3/5/2009 4:58:23 PM
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City Clerk
City Clerk - Doc Type
Ordinances
City Clerk - Date
2/23/2009
Doc Number
09-1273
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<br />IV. Abatement bv the CIJ;y; lot ~Iearlna and cleanlna bv tbe CI~. <br /> <br />(a) If. after ten davs from the date of the notice of a nuisance. or sooner if the public <br />health. safetv or welfare so reGuire as stated in the notice. no written aooeal has been <br />filed and the condition described in the notice has not been remedied, the City Manaaer <br />or desianee mav cause the condition to be remedie~ QV the Citv at the exoense of the <br />orooertv owner. <br /> <br />(b) If a written aooeal has been fil~d and the findinG of oublic nuisance is uoheld the <br />City Manaaer or desiGnee mav cause the condition to be remedied bv the Citv at the <br />exoense of the orooertv owner unless the Nuisance Abatement Board otherwise directs. <br /> <br />(c) If a written aooeal has been filed and the findinG of oublic nuisance is reversed ~ <br />the Nuisance Abatement Board, the Citv will not assess anv costs or administrative <br />oenalties aaainst the orooertv. althOUGh such administrative oenalties would otherwise <br />be authorized bv this division. <br /> <br />(d) If the aooeal is not reversed bv the Nuisance Abatement Board, the Citv will assess <br />anv costs incurred bv the Citv in the aooellate process aGainst the orooertv alonG with <br />other costs associated with the actions of the Citv. and anv and all oenalties assessed <br />aGainst the orooertv. <br /> <br />Ie) In cases involvinG maior nuisance conditions reGuirina immediate and direct action <br />to abate hazards imminently danaerous to the, health. welfare or safetv of the oublic. the, <br />Code Enforcement Officer mav uoon authorization bv the Chief of Police or other <br />desiGnee of the Citv Manaaer. cause the conditions to be immediatelv remed.ied bv Citv- <br />authorized lot cleaninG or clearinG. Notice of said lot cleaninG or clearinG shall be aiven <br />within five davs after the lot cleaninG or clearinG has been accomolished and accordinG <br />to the procedures set forth in this division. exceot that the notice shall exolain that the <br />orooertv contained hazards or conditions that reGuired an immediate remedv. that the <br />lot has already been cleaned or cleared and that the orooertv owner has ten davs from <br />the date of the notice to aoolv to the Nuisance Abatement Board to show whv the costs <br />of cleanina or c1earina the orooertv should not be assessed aaainst orooertv. If an <br />aooeal is timelv filed and the findinG of oublic nuisance is reversed bv the Nuisance <br />Abatement Board. the Citv will not assess anv costs or administrative oenalties aGainst <br />the orooertv. If the aooeal is not reversed bv the Nuisance Abatement Board the Citv <br />will assess anv costs incurred bv the City in the aooellate process aGainst the orooertv. <br />alonG with other costs associated with the actions of the Citv. as well as anv oenallie~ <br />assessed aGainst the orooertv. <br /> <br />(f) The Citv's personnel and forces are herebv aranted immunity from orosecution or <br />suit for enaaGinG in lawful actions in the imolementation of the orovisions of this division. <br /> <br />5 <br />
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