Chapter 14.02
NUISANCE ABATEMENT--SUMMARY ABATEMENT
Sections:
14.02.030 Final action--Abatement.
14.02.040 Abatement costs--Report.
14.02.050 Liability for abatement costs.
14.02.060 Special assessment--Exclusion.
14.02.010 Application.
Where necessary to use this procedure, this chapter supersedes all other abatement procedures set forth in this code. (Ord. 90-04 §1(part), 1990).
14.02.020 Nuisance declared.
Any violation of this code declared to be a public nuisance may be abated as provided herein in the event that the nuisance is of a type that poses an immediate threat of property damage or injury, as determined by the city council. (Ord. 90-04 §1(part), 1990).
14.02.030 Final action--Abatement.
After a nuisance is declared as set forth in Section 14.02.020, the city council by motion or resolution shall order the city engineer or such other public officer as the city council may designate, to abate the nuisance by any reasonable method, and he and his assistants or deputies are authorized to enter upon private property for that purpose. Any property owner aware of said declared nuisance shall have the right to have the nuisance removed at his own expense, providing the same is done, prior to the arrival of the city engineer or such other public officer so designated or his representatives to do the same. (Ord. 90-04 §1(part), 1990).
14.02.040 Abatement costs--Report.
The city engineer or such other public official so designated, shall keep an account of the cost of abating such nuisance in front of each separate lot or parcel of land where the work is done by him or his deputies, and shall render an itemized report in writing to the city council showing the cost of removing such declared nuisance on each separate lot or in front thereof; or both; provided, that before the report is submitted to the legislative body a copy of the same shall be posted for at least three days prior thereto on or near the chamber door of the City Hall together with a notice of the date when the report shall be submitted to the legislative body for confirmation. The city engineer or such other public official so designated shall make a determination, where possible, of the identify of the person or persons creating, causing, committing, or maintaining the nuisance. (Ord. 90-04 §1(part), 1990).
14.02.050 Liability for abatement costs.
The city council shall thereupon confirm costs, if the same is fair and reasonable. Where possible to determine the identity of the person or persons creating, causing, committing, or maintaining the nuisance, said person or persons shall be billed directly for the expense of abating the declared nuisance. In the event payment is not forthcoming, the city council shall cause a report to be made as of June 30th of each year to the county treasurer, which report shall show all parcels of property on or in front of which, or both, costs have been charged, and the report shall direct the county treasurer to enter the costs as a special assessment against all of the respective parcels of real property, the entries to be made upon the assessment roll for the current fiscal year. Said assessment shall be subject to the same penalties and the same procedure and sale in case of delinquency as provided for ordinary municipal taxes. All laws applicable to the levy, collection and enforcement of municipal taxes shall be applicable to the special assessment. Once the liability for the declared nuisance abatement has been transferred to the county rolls for collection, if the landowner is not the responsible party creating, causing, committing or maintaining the nuisance requiring abatement, the city shall subrogate their right to recovery against said persons in favor of the landowner, who can then attempt recovery for the costs of abatement charged to him. (Ord. 90-04 §1(part), 1990).
14.02.060 Special assessment--Exclusion.
If any real property to which the cost of abatement relates has been transferred or conveyed to a bona fide purchaser for value, or if a lien of a bona fide encumbrancer for value has been created and attaches thereon, prior to the date on which the first installment of the taxes would become delinquent, then the cost of abatement shall not result in a lien against the real property but instead shall be transferred to the secured roll for collection. (Ord. 90-04 §1(part), 1990).
14.02.070 Recordation.
Instruments relating to the abatement proceeding or special assessment shall be entitled to recordation. (Ord. 90-04 §1(part), 1990).