§ 21-18. Accelerated abatement.  


Latest version.
  • (a)

    If a property contains garbage, rubbish, trash, refuse, junk and other abandoned materials that create a substantial risk of being spread, scattered or blown off the property; snow or ice on sidewalks abutting the property, in violation of section 30-71 of this code; or other such items that create a substantial interference with the use and enjoyment of neighboring property or rights-of-way, such items and conditions may be subject to accelerated abatement, as defined in this section.

    (b)

    If a property is subject to accelerated abatement, the city shall post the property with a notice that contains the following information:

    (1)

    A description of what constitutes the nuisance condition;

    (2)

    A description of the actions necessary to abate, or remove, the nuisance;

    (3)

    An order to abate or remove the nuisance within 24 hours of the date and time noted on the notice;

    (4)

    A statement that the recipient may request a hearing before the city manager before the expiration of the 24 hours, and such request shall identify the name of the person or entity making the request and the basis for the disagreement.

    (5)

    A statement that if the nuisance is not abated, and no hearing or extension is requested, then the city shall proceed to have the nuisance items removed and abated, and that the city may prosecute any responsible party for causing, maintaining, or allowing a nuisance in violation of the city code.

    (6)

    A statement that if the city abates the nuisance, the city shall assess the costs of the abatement, the cost of providing notice, and an administrative fee, and may collect the costs from the owner, any agent, or any occupant.

    (c)

    In addition to the notice posted on the property, if the tax records of the appropriate county indicate that the property owner does not reside at the property, the city shall provide notice to the property owner by:

    (1)

    Personally delivering a copy of the notice;

    (2)

    Posting a copy of the notice at the property owner's residential address;

    (3)

    Sending by overnight delivery; or

    (4)

    Contacting the owner using an e-mail address, phone number, or fax number that is available to the code services division.

    (d)

    If abatement is required, pursuant to this section, the city shall assess and collect the costs of the abatement, pursuant to section 21-16.

(Ord. No. 6832, § 2, 7-6-10; Ord. No. 6934, § 1, 1-24-12)