Chapter 5.30
NUISANCES
Sections:
5.30.010 Hearings.
(a) The mayor, city engineer, chief of police, fire chief or city health officer may report to the city council that a particular building or structure constitutes a fire hazard, health hazard or public nuisance.
(b) Upon receiving a report under subsection (a) of this section, the city council shall fix a time and place for a hearing before the council to determine whether the report is correct.
(c) When a hearing is set, the city clerk shall cause notice of the contents of the report and of the time and place of the hearing to be served upon the owner of the building or structure. Such notice shall be served personally or by certified mail on the person listed as owner in the tax records of the city, and shall be posted at or affixed to the building or structure. If the identity and address of the owner or his agent for service of such notice cannot be ascertained by reasonable diligence, then notice shall be sent by certified mail to the last known owner at his last known address, and shall be published in a newspaper of general circulation published within the city.
(d) The council shall hold a hearing to determine whether the report is substantially correct in all material respects at the time and place set for hearing, which shall be held not less than fourteen days after notice is served as provided above. The council may as part of the hearing inspect the premises and may treat its observations as evidence to determine the correctness of the report. At the hearing the owner or his representative, if present, shall be heard and may present evidence. If the report is substantially correct in all material respects the council may by resolution declare that the premises constitutes a fire or health hazard or a public nuisance. (Ord. O-93-6-6 § 1 (part), 1994)
5.30.020 Abatement.
(a) If the city council declares a building or structure to be a fire hazard, health hazard or public nuisance, it may order removal or demolition thereof by the owner or his agent.
(b) Notice of a removal or demolition order shall specify a period of not less than fourteen days in which the removal or demolition must be completed, and shall state that the city will remove or demolish the premises thereafter.
(c) At any time before the date set for commencement of removal or demolition, the owner or his agent of the building or structure may request a rehearing. At such rehearing, the owner or his agent may show that the deficiencies proved have been substantially remedied or that he has taken steps to remedy them, in which case the city council may rescind or conditionally suspend its order.
(d) If the building or structure is not removed or demolished in accord with the order, the city may remove or demolish it or cause it to be removed or demolished. If the city removes the building, the cost is chargeable to the building, first against the salvaged material, which may be sold at public auction, and the balance of cost, if any, against the land as in the case of taxes. (Ord. O-93-6-6 § 1 (part), 1994)
5.30.030 Definitions.
In this chapter:
“Fire hazard” means any building or structure, which, for want of proper repairs, or by reason of age or dilapidated condition, or by reason of poorly installed electrical wiring or equipment, defective chimneys, defective heating apparatus or any other cause or reason, is especially liable to fire, or which building or structure is so situated and occupied as to endanger any other building or property or human life. Such term shall also mean and include any building or structure containing any combustible or explosive material, rubbish, rags, waste, oils, gasoline or inflammable substance of any kind, especially liable to cause fire or endanger the safety of such building, premises, or to human life.
“Health hazard” means any building or structure which shall be kept or maintained or shall be in a filthy or unsanitary condition especially liable to cause the spread of contagious or infectious disease or diseases, or permitting foul odors or obnoxious or poisonous gases to escape from such building.
“Public nuisance” means any building or structure the condition of which is such as to reasonably endanger the safety of person or property of persons other than the owner of the building or structure, whether because of deterioration, dilapidation, or other cause whether or not the fault of the owner. (Ord. O-93-6-6 § 1 (part), 1994)