12-1370 Public Nuisances - Permanent Play Structures, Pool Maintenance, Carport Use & Outdoor-Open Air Storage

Home Browse Search

name of the property owner, the location of the cited property, and the specific grounds upon which the owner relies in order to show that the cited condition does not constitute a public nuisance. 6. The Nuisance Abatement Board shall hear the appeal, The City's Code Enforcement Board is hereby designated the Nuisance Abatement Board for purposes of this Section. D. Abatement by the City. 1. If, after ten days from the date of the notice of a nuisance, or sooner if the public health, safety or welfare so require as stated in the notice, no written appeal has been filed and the condition described in the notice has not been remedied. the City Manager or designee may cause the condition to be remedied by the City at the expense of the property owner. 2. If a written appeal has been filed and the finding of public nuisance is upheld, the City Manager or designee may cause the condition to be remedied by the City at the expense of the property owner unless the Nuisance Abatement Board otherwise directs. 3. If a written appeal has been filed and the finding of public nuisance is reversed by the Nuisance Abatement Board. the City will not assess any costs or administrative penalties against the property, although such administrative penalties would otherwise be authorized by this division. 4. If the appeal is not reversed by the Nuisance Abatement Board. the City will assess any costs incurred by the City in the appellate process against the property along with other costs associated with the actions of the City, and any and all penalties assessed against the property. 5. In cases involving major nuisance conditions requiring immediate and direct action to abate hazards imminently dangerous to the health, welfare or safety of the public, the Code Compliance Officer may, upon authorization by the City Manager or designee, cause the conditions to be immediately remedied by City- authorized lot cleaning or clearing. Notice of said lot cleaning or clearing shall be given within five days after the lot cleaning or clearing has been accomplished and according to the procedures set forth in this division, except that the notice shall explain that the property contained hazards or conditions that required an immediate remedy, that the lot has already been cleaned or cleared, and that the property owner has ten days from the date of the notice to apply to the Nuisance Abatement Board to show why the costs of cleaning or clearing the property should not be assessed against the property. If an appeal is timely filed and the finding of public nuisance is reversed by the Nuisance Abatement Board the City will not assess any costs or administrative penalties against the property. If the appeal is not reversed by the Nuisance Abatement Board. the City will assess any costs incurred by the City in the appellate process against the property, along with other costs associated with the actions of the City, as well as any penalties assessed against the property. 6. The City's personnel and forces are hereby granted immunity from prosecution or suit for engaging in lawful actions in the implementation of the provisions of this division. E. Collection of costs, expenses and Penalties: liens and special non -ad valorem assessments upon remedied property. 1. After the City has caused the nuisance condition on property to be remedied. the Community Development Director or the Finance Director shall certify the expenses incurred by the City in remedying the nuisance condition, all charges necessary to cover the City's administrative expenses. and any administrative penalties as provided in this division. 2. Said sum certified to be paid to the City shall become due and payable by the property owner within 30 days of the date of the certification. Ordinance 12 -1370 Page 5