12.10.020 Enforcement and Abatement of Public Nuisances.
(a) Public nuisances constituting a grave and immediate danger. Some public nuisances are of such nature as to constitute a grave and immediate danger to the public peace, health, safety, morals, or welfare. It is recognized that circumstances may be such as to justify, and even to require, the City Administrator or other appropriate officer or agency of the City government to take immediate and proper action to abate such nuisances, or to reduce or suspend said danger until more deliberate action can be taken toward such abatement.
(b) Other Public Nuisances. The City Planner, Building Official, Chief of Police, Chief of the Fire Department or their designees may issue a Notice of Violation or Enforcement Order to the property owner, lessee, occupant, or person(s) causing or responsible for the nuisance(s).
(c) The Notice or Order must be provided by personal service, service of process, or certified mail, return receipt requested. If after due diligence, the appropriate persons or location of said persons cannot be discovered, the Notice or Order must be conspicuously posted on the subject property.
(d) The Notice or Order must:
(1) identify the property and describe the nuisance thereon to be removed, abated or remedied,
(2) direct that the nuisance be removed, abated, or remedied,
(3) provide a reasonable time period in which to comply, not to exceed 90 days, except structures, which have 180 days.
(4) state that the continued violation of the provisions of this chapter is subject to a penalty of up to $50.00 a day,
(5) state that the City may seek a court order to remove, abate or remedy the nuisance if appropriate action is not taken during the allowable time period,
(6) state that costs incurred by the City to remove, abate or remedy the nuisance, if not paid by the violator(s) may become a lien on the real or personal property upon which the nuisance is located, notify the violator(s) of a right to appeal the notice or order to the Board of Adjustment as provided in KMC 14.20.290 Appeals-Board of Adjustment, and
(7) inform the owner of the real property on which the nuisance is located, that the City may remove the nuisance at its costs or partial costs if the owner can show that the cost of removal or repair would result in undue financial hardship. The City however is not obligated to remove any abandoned nuisance.
(e) Abatement. After appropriate notice, and if applicable, a hearing and appeal, the City may seek an Order, in Superior Court, to remove any nuisance from private property and recovery of associated costs, fees, penalties and interest.
(Ord. 2916-2016)