5.05.145 General nuisance.
A. When, in the opinion of the City representative, a nuisance exists which is not specifically enumerated in this code, a public hearing before the council may be held for council determination of whether a nuisance in fact exists. Every thing, substance, or act which is determined by the council at a public hearing to be offensive, injurious or detrimental to the public health, safety or welfare of the City shall be declared to be a nuisance and may be abated as provided in this code.
B. Prior to the public hearing the City representative shall cause a notice to be posted on the premises or at the site of the alleged nuisance and shall cause a notice to be forwarded to a person responsible at the person’s last known address. Any error in mailing shall not make the notice void and in such case the posted notice shall be sufficient.
The notice shall contain:
1. A description of the real property by street address or otherwise on which the nuisance exists;
2. A general description of the thing, substance or act which is alleged to be a nuisance;
3. A statement outlining necessary corrective measures to abate the nuisance;
4. A statement that, unless the corrective measures are taken within ten days of the date of posting, that the city council will schedule a public hearing for the purpose of determining on the record whether a nuisance in fact exists, and if it is decided that a nuisance does exist and is not abated within ten days after the council’s determination or such time as the council may set, the City may issue a civil infraction citation or may abate the nuisance and the cost of abatement shall be charged to the person responsible or assessed against the property or both;
5. The date of the proposed public hearing which shall be at least ten days later than the date of posting;
6. A statement that the person responsible may attend the public hearing and that the person or legal representative of the person may submit evidence and argument relative to the question of whether a nuisance exists.
C. If corrective measures are not taken within ten days of the date of posting, the City representative shall cause a notice to be forwarded to a person responsible and shall cause a notice to be posted on the premises or at the site of the alleged nuisance giving notice of a public hearing before the city council. At the time set for the public hearing the council will hear the matter de novo and may consider any material it deems relevant and probative. The council shall allow argument by a person responsible or their legal representative and by the City representative. The council shall make its decision based upon a determination of whether the thing, substance or act is offensive, injurious or detrimental to the public health, safety or welfare of the City. The council, after hearing the matter, may determine that no nuisance exists, determine that a nuisance exists and order its abatement, impose conditions on the person responsible, or delay the time for abatement of the nuisance. The council shall make written findings in support of its decision when a nuisance is determined to exist, and its decision shall be final. [BC 5.05.145, added by Ordinance No. 3872, 11/1/93]