§ 30-1. Public nuisances; abatement procedure.

All real property including structures and personal property located thereon and undeveloped lots which are either unsafe, insanitary, fail to permit safe public passage, constitute a fire or environmental hazard, are dangerous to human life, dangerously constructed, unsafely maintained, dilapidated, abandoned, or which in combination with an otherwise lawful existing use constitute a hazard or potential hazard to the public safety and health, are declared to be public nuisances. All public nuisances shall be abated by repair, rehabilitation, or removal in accordance with the following procedure:

(1)

Whenever the building official or code compliance officer shall find any personal or real property to be unsafe, insanitary, or a danger to the public health or safety, the building official or code compliance officer shall give the owner, agent, or person in control thereof written notice of such nuisance. The notice shall state the nature of the danger to the public health or safety and the finding that the personal or real property constitutes a public nuisance. The notice shall require abatement of the nuisance within a stated time, no longer than 30 days thereafter. The notice shall contain notification of the right to appeal as provided in subsection (3) of this section.

(2)

If the public nuisance constitutes an immediate threat to life or property, the building official or code compliance officer shall request a hearing before the city council. The city clerk shall set the matter for public hearing before the city council at the first regular or special meeting to be held by the city council thereafter.

(3)

The owner, agent, or person in control of the personal or real property shall have the right to appeal the decision of the building official or code compliance officer to the city council by filing written notice of appeal within five days after receipt of the notice of nuisance. The notice of appeal shall set forth the grounds relied upon by the owner, agent, or person in control of the personal or real property as to why they should not be required to abate the nuisance.

(4)

If the owner, agent, or person in control of any unsafe structure, lot, or personal property shall fail, neglect, or refuse to abate the public nuisance as described in the notice of nuisance within the time stated by the building official or code compliance officer and no appeal has been taken to the city council, the city attorney is authorized to seek appropriate relief on behalf of the public in the name of the city from any court or administrative agency having jurisdiction to abate public nuisances.

(5)

If an appeal is taken to the city council, the council at a public hearing shall review all evidence and hear testimony from all interested parties, including the public. The city council shall determine if the public nuisance exists as found by the building official or code compliance officer. If the city council upholds the determination of the building official or code compliance officer and finds that a public nuisance exists, the city attorney shall seek appropriate judicial relief on behalf of the city and the public. If an emergency exists and is so declared by the city council, the mayor shall be authorized to abate the nuisance in such manner as shall protect the public from the immediate danger to health or safety. If the city council finds that no public nuisance exists, the decision of the building official or code compliance officer shall be deemed reversed and no further action shall be taken, unless a change of circumstances occurs, in which instance the public nuisance abatement procedure set forth in this section shall be followed.

(6)

All notices required in this section shall be served upon the owner, agent, or person in control of the personal or real property by posting notice on personal property or, in the case of real property, by personal service or by certified mail. Proof of service of the notice shall be filed with the city clerk.

(7)

Costs incurred by the city where judicial relief was sought in abating a public nuisance shall be paid to the city by the owner, agent, or person in control of the personal or real property upon which the nuisance existed. Costs shall include reasonable attorney fees and costs of removal, repair, or demolition incurred by the city. If not paid, the amount of such costs shall become a lien on the property benefited by the abatement of the nuisance. The lien shall be recorded in the public records of the county as a lien on the property equal in dignity with all other liens of the city. The lien shall bear interest at the highest legal rate of interest permitted by law. The city attorney is directed to collect such costs in the manner permitted by law for foreclosure of liens generally.

(8)

If the city institutes any legal or administrative proceeding relating to the abatement of any public nuisance, all costs incurred by the city, including reasonable attorney's fees, court costs, and the costs of demolition, removal, and protection of the public, shall be determined by judgment of the court or agency having jurisdiction. If such costs are not paid, such sum shall become a lien upon the personal and real property upon which the nuisance exists or from which the nuisance was removed and the lien shall bear interest at the maximum rate permitted by the law. The judgment shall be collected in the manner permitted by law.

(Code 1985, § 98.01)