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ORD 23-12
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ORD 23-12
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7/12/2023 7:47:43 AM
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6/6/2023 8:57:36 AM
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City Government
type
ORD
date
6/5/2023
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be deemed to be the act of the owner of the residential dwelling unit wherein it occurs, as well as the <br />persons on the premises who violate this subsection, except that the owner of a dwelling unit <br />occupied by others shall be liable only for those violations occurring after a written notice of a <br />violation of this subsection shall have been received. <br />Sec. 46-40. Remedies and Abatement. <br />(a) Injunctive belief. Without affecting any other penalty provision in this division or elsewhere in <br />City, at the direction of the City Administrator or their designee, the City may enforce any provision <br />of this division by mandamus, injunction, or any other appropriate remedy in any court of <br />competent jurisdiction. <br />(b) Alternative Civil Remedy. Without affecting any other penalty provision in this division or <br />elsewhere in City Code, the council may, in conjunction with such penalty or in the alternative, in <br />the form of a resolution, declare that there exists upon privately owned lands or premises a public <br />nuisance. <br />(1) Notice of the passage of the resolution shall be served personally upon the owner of <br />the premises or their agent or the occupant of the premises if the names of such persons can <br />be readily ascertained. Such notice may be served by mail in all cases where such owner, <br />agent, or occupant is not in the city or cannot be found therein. Such notice may likewise be <br />served by posting for 24 hours a copy of such notice upon the premises where the nuisance <br />exists whenever the owner or agent thereof is not known or cannot be found and a post <br />office address is unknown. The notice shall designate therein the time after the service or the <br />mailing or the posting of the notice which the council considers a reasonable time for the <br />abatement or removal of such nuisance and the right to a hearing before the city council <br />made within 24 hours of the notice of abatement and that, if no hearing is demanded, any <br />right to a hearing is waived. <br />(2) In instances where the council declares by resolution that there is a public nuisance <br />and proceeds with a civil remedy as provided in this section instead of the criminal remedy <br />as set forth by the giving of notice as required in this section, the owner, agent, or occupants <br />of the premises, after such notice, shall remove and abate the nuisance. The cost of such <br />removal or abatement shall by paid by the owner, agent, or occupants. <br />(3) If such notice is not complied with within the time specified therein, the city shall <br />cause the removal or abatement of such nuisance and the cost thereof shall be assessed <br />against the premises. The cost of such removal or abatement shall include publication of any <br />action by the council, posting and service of notices, and costs and expenses, including <br />personnel, expenses of equipment, a certification processing fee, and the sums of money <br />necessarily paid out by any city department as a cost or expense of abatement from such <br />nuisance. The council shall adopt an assessment roll levying a special assessment upon such <br />lands and premises directly involved in the abatement of nuisance, which shall be <br />transmitted to the county auditor and included with the next tax levy upon such land and <br />premises and collected in the manner provided by law for levying and collection of other <br />special assessments. <br />(c) Abatement; Dirporition of Property. Upon the declaration of certain conditions and acts to be a <br />public nuisance in violation of City Code and, if the city council requires such conditions to be <br />abated, the council may order the property constituting the nuisance to be removed, destroyed, or <br />disposed of, to ensure termination of the nuisance. Upon seizure of the property constituting the <br />
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