§ 16-35. Summary abatement by city.

(a)

Any violation of section 16-30 occurring within one thousand (1,000) feet of public or private elementary school, middle school, high school, or daycare property lines is hereby declared to be a public health and safety emergency, and the city shall, without prior notice, summarily abate these violations. Junked cars are addressed by section 16-31.

(b)

Weeds within the location parameters enumerated in subsections (a)(13) and (a)(16) of section 16-30 which are in excess of forty-eight (48) inches in height and are an immediate danger to the health, life, or safety of any person shall, without prior notice, be abated by the city but the city shall give the property owner notice of the weed abatement within ten (10) days of abatement. The city shall conduct an administrative hearing on the abatement if the owner files a written request for such a hearing within thirty (30) days of abatement.

(c)

A second or subsequent violation of the same kind or nature that poses a danger to the public health and safety which occurs on or before the first anniversary of the date of notice of the previous violation may, without prior notice, be abated by the city.

(d)

Expenses incurred in such summary abatements shall be assessed to the owner and a lien created in the manner provided for in this article.

(e)

No later than the tenth day after the date of summary abatement, the owner of the lot or parcel shall be notified in accordance with this article. The notice shall contain the following items:

(1)

Identification, which is not required to be a legal description, of the lot or parcel;

(2)

Description of the violations that occurred on the lot or parcel;

(3)

Statement that the city has abated the violation;

(4)

Date the city completed the abatement;

(5)

Statement that the owner will be charged for the expense involved as set out in this article, and upon failure of the owner to pay the city for such expense, a lien may be fixed on the lot or parcel for the expense involved; and

(6)

A statement of the owner's right to request an administrative hearing to appeal the city's summary abatement actions.

(Ord. No. 2012-27, § 1, 9-11-2012; Ord. No. 2015-22, § 1, 9-15-2015)