§ 34-92. Abatement.

(a)

Notice to remove; procedure. If the health officer at any time finds that any nuisance described in this article exists on any lot, tract or parcel of land within the city, he may so notify the record owner of such property in the manner provided in section 2-446. Such notice shall specify what condition or conditions exist and shall advise the owner that the owner must, within 20 days of the date of the notice, either abate the nuisance or request a hearing before the municipal code enforcement board or special magistrate, and that, if the owner fails to do either, or if the owner fails to abate the nuisance after having been ordered to do so by the board, the city may abate the nuisance and assess the owner for the cost thereof (including a service charge) pursuant to subsection 34-92(c).

(b)

Hearing upon request.

(1)

Within 20 days of the service of the health officer's notice pursuant to subsection (a) above, the owner of the property shall have the right to request a hearing before the municipal code enforcement board or special magistrate, as determined by the city manager or designee. Such request must be made in writing to the health officer and must state why the owner believes that a nuisance does not exist or show why the conditions do not adversely affect the health, safety, morals, or public welfare of the public and why the condition should not be abated by the city at the expense of the owner.

(2)

Upon the owner's request, the health officer shall schedule the matter for hearing by the municipal code enforcement board or special magistrate. Such hearing shall be conducted pursuant to article V of chapter 2 of the Code.

(c)

Abatement by city at owner's expense; assessment of costs. If:

(1)

The nuisance has not been abated within 20 days after the mailing of such notice and the owner has not requested a hearing; or

(2)

After the owner's request for a hearing, abatement of the nuisance was ordered by the municipal code enforcement board or special magistrate and the owner fails to abate the nuisance within the time ordered by the board, the health officer shall cause the condition to be abated by the city at the expense of the owner of the property. In addition to the assessments for abatement, a service fee in the amount of $100.00 shall be imposed against the property owner.

(d)

Notification and collection of assessment. The property owner shall be notified in the manner provided in section 2-446 of the cost of abating the nuisance and of the service charge. If the assessed cost and service charge is not paid by the property owner within 30 days from the date of mailing of notice thereof, the assessment cost and service charge shall be imposed as a lien against the subject property and may be collected as set forth in section 2-443. The lien shall have priority as set forth in subsection 2-443(d).

(e)

Remedies cumulative. The remedies set forth in this section are in addition to all other remedies available to the city including those under article V of chapter 2 of the Code.

(Code 1961, § 13-4; Code 1985, § 12-9; Ord. No. 4092, § 9, 10-2-01; Ord. No. 2010-13, § 9, 12-1-09)