CHAPTER 14A. NUISANCES.
Article III. Nuisance Abatement.*
Sec. 14A-3-4. Summary abatement.
Notwithstanding any other provision of this chapter to the contrary,
whenever it is determined that a public nuisance is so imminently dangerous to
life or other property that such condition must be immediately corrected or
isolated, the community development director or his or her agent may institute
the following procedures:
(1) Notice. The community development director or
his or her agent shall attempt to make contact through a personal interview, or
by telephone, with the landowner or the person, if any, occupying or otherwise
in real or apparent charge and control thereof. The community development
director or his or her agent shall document all attempts to make contact. In the
event contact is made, the community development director or his or her agent
shall notify such person or persons of the danger involved and require that such
condition be immediately removed, repaired or isolated so as to preclude harm to
any person or property.
(2) Abatement. In the event the community
development director or his or her agent is unable to make contact as required
by this section, or if the appropriate persons, after notification by the
community development director or his or her agent, do not take action as
specified by such official within seventy-two hours, or a lesser period if
deemed necessary, then the community development director or his or her agent
may, with the approval of the city manager and in consultation with the city
attorney if feasible, take all steps necessary to remove or isolate such
dangerous condition, or conditions, with the use of city forces or a contractor
retained pursuant to the provisions of this code; provided, however, that
summary abatement shall be limited solely to those matters which are imminently
dangerous to life or other property, and additional abatement, if necessary,
shall utilize the other enforcement provisions of this chapter.
(3) Costs.
The community development director or his or her agent shall keep an itemized
account of the costs incurred by the city in removing or isolating such
condition or conditions. Such costs may be recovered to the same extent and in
the same manner that abatement costs are recovered pursuant to Sections 14A-3-2
and 14A-3-3. (Ord. No. 1495, § 3 (part).)
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