11.2 SR 02-06-2023 - Laserfiche WebLink

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enforce any provision of this division by mandamus, injunction, or any other appropriate remedy in any court of competent jurisdiction. (b)Alternative Civil Remedy. Without affecting any other penalty provision in this division or elsewhere in City Code, the council may, in conjunction with such penalty or in the alternative, in the form of a resolution, declare that there exists upon privately owned lands or premises a public nuisance. (1) Notice of the passage of the resolution shall be served personally upon the owner of the premises or their agent or the occupant of the premises if the names of such persons can be readily ascertained. Such notice may be served by mail in all cases where such owner, agent, or occupant is not in the city or cannot be found therein. Such notice may likewise be served by posting for 24 hours a copy of such notice upon the premises where the nuisance exists whenever the owner or agent thereof is not known or cannot be found and a post office address is unknown. The notice shall designate therein the time after the service or the mailing or the posting of the notice which the council considers a reasonable time for the abatement or removal of such nuisance and the right to a hearing before the city council made within 24 hours of the notice of abatement and that, if no hearing is demanded, any right to a hearing is waived. (2) In instances where the council declares by resolution that there is a public nuisance and proceeds with a civil remedy as provided in this section instead of the criminal remedy as set forth by the giving of notice as required in this section, the owner, agent, or occupants of the premises, after such notice, shall remove and abate the nuisance. The cost of such removal or abatement shall by paid by the owner, agent, or occupants. (3) If such notice is not complied with within the time specified therein, the city shall cause the removal or abatement of such nuisance and the cost thereof shall be assessed against the premises. The cost of such removal or abatement shall include publication of any action by the council, posting and service of notices, and costs and expenses, including personnel, expenses of equipment, a certification processing fee, and the sums of money necessarily paid out by any city department as a cost or expense of abatement from such nuisance. The council shall adopt an assessment roll levying a special assessment upon such lands and premises directly involved in the abatement of nuisance, which shall be transmitted to the county auditor and included with the next tax levy upon such land and premises and collected in the manner provided by law for levying and collection of other special assessments. (c) Abatement; Disposition of Property. Upon the declaration of certain conditions and acts to be a public nuisance in violation of City Code and, if the city council requires such conditions to be abated, the council may order the property constituting the nuisance to be removed, destroyed, or disposed of, to ensure termination of the nuisance. Upon seizure of the property constituting the nuisance, the city will inventory the property, and the city administrator or their designee will determine whether the items seized have any (Supp. No. 55) Created: 2022-07-21 11:59:03 [EST] Page 11 of 13 224530v2