HomeMy WebLinkAboutMunicipal Code Section 1.36.0601.36.060 - Abatement —Appeal —Hearing.
A. At the hearing of the appeal, after the city manager or his/her designee or the
department director has presented evidence on the issue, any interested person
may state his/her objections and protests and give evidence relative to the
alleged public nuisance or the proposed abatement thereof.
B. After all such evidence is received and heard, the city council shall determine the
issue. The decision of the city council shall be final and conclusive. If it finds and
determines that the condition of the property constitutes a public nuisance and
that the public nuisance requires abatement, the city council may issue an
abatement order requiring such action as it may deem necessary, including, but
not limited to, any of the following actions:
1. Allow abatement by means of reinstitution of lawful use(s) of the property,
including rehabilitation and repair of buildings or structures if necessary,
within a stated period of time; or
2. Order the nuisance to be abated by removal of the cause thereof,
including, if necessary therefor, the demolition and removal of any or all
buildings or structures situated on the property, the filling of all
excavations, and the excavation or removal of all underground tanks and
appurtenances; and
3. Revoke any permits or variances that authorized or otherwise pertained to
the discontinued use.
C. If the city council's abatement order is made pursuant to subsections 1 or 2 of
subsection B of this section, the city council may condition its order upon
commencement of such abatement within such period of time as the city council
may find to be reasonable in the circumstances, and may order that, upon failure
of such condition:
1. The city manager or his/her designee, or the department director shall
abate the nuisance by city personnel, or by awarding a contract for the
work of abatement in the name of the city; or
2. The city attorney commence an action to enjoin the nuisance.
(Ord. 2081 (pan), 1994)