§ 16-4. Abatement.

(a)

Notice. Whenever any city officer determines that a public nuisance exists within the city, the officer shall notify in writing the owner and occupant of the premises on which such nuisance exists, and any other person causing or creating such nuisance, of such fact and order that such nuisance be immediately terminated or abated. The notice that a nuisance exists may be served on the owner or occupant of the premises in person or by United States Mail, certified, return receipt requested. If the premises on which a nuisance exists is not occupied but the identity of the owner of the premises is not known, the notice that a nuisance exists may be served by posting the same on the premises for a period of 72 consecutive hours. Any notice that a nuisance exists that is served or posted must state:

(1)

The location (or legal description) of the property on which the nuisance exists;

(2)

An identification of the nature of the nuisance, with reference to a particular section of the Chatfield Code in question;

(3)

The steps required to be taken by the owner or occupant of the premises to abate the nuisance and a schedule, setting forth a reasonable amount of time in order to do so;

(4)

If the owner or occupant, or other responsible party relating to the premises, does not take measures to abate the nuisance within the time schedule set forth, the city may take steps to abate the nuisance, and assess the costs to the owner of the premises, or use whatever means are legally available to the city to make the owner, occupant or other responsible party personally responsible for the costs of abatement;

(5)

The owner, occupant, or other responsible party has a right to appeal the city officer's designation that a public nuisance exists by filing an appeal in writing with the city clerk on or before the date set forth in the notice requiring the nuisance to be abated.

(b)

Hearing. If an appeal is filed pursuant to subsection (a)(5) herein, the matter shall be heard before the city council at the next regular scheduled meeting of the city council, scheduled at least ten days subsequent to receipt of the notice of appeal. The owner, occupant or other responsible party involved with the premises on which the nuisance is alleged to exist shall be given notice of such hearing on such appeal by first class mail.

(c)

Emergency abatement. If there is an immediate threat to public health or safety, or immediate threat of significant damage or harm to adjacent private property, the city may act to abate the nuisance without the prior notice or hearing required by this chapter.

(Code 1999, § 8.4.4; Ord. No. 402, § 1, 12-12-2011)