7.10.160 Regular abatement.
Where there is no imminent danger to human life, safety, or to property but a nuisance is found to exist, the following abatement procedures will apply:
(1) Notice shall be posted on the premises where the condition, substance, act, or nuisance exists, directing that the owner, person in charge and person occupying the property abate the situation.
(2) At the time of posting, the City Manager or his/her designee shall hand deliver or send a copy of the notice by certified mail and first class to:
(a) The owner at the last known address as listed in the county tax assessor’s office; and
(b) The person in charge of the property or occupant if different from the owner.
(3) If prior notice of abatement was sent to the owner or person in charge of the property within the preceding 12 months, and ownership or control of the property has not changed and the prior notice was returned as undeliverable or the delivery was refused, then notice can be provided via publication in a newspaper of general circulation at least 10 days before abatement action is taken.
(4) The notice to abate shall contain:
(a) A description of the real property, by street address or otherwise, on which the condition, substance, act, or nuisance exists;
(b) A description of the condition, substance, act, or nuisance which must be abated;
(c) A direction to abate the condition, substance, act, or nuisance within a time specified on the notice;
(d) A statement that unless the condition, substance, act, or nuisance is removed, the City may abate the situation, and the cost of abatement shall be a fee sufficient to cover the direct cost of removal, plus 30 percent for administrative overhead; and this total cost shall be charged to the owner;
(e) A statement that the owner or person in charge of the property may protest the abatement by giving written notice to the City Manager or his/her designee within 10 days from the date of the notice;
(f) A statement that if the cost of abatement is not paid by the owner or person in charge of the property, the cost of abatement may be assessed to and become a lien on the property.
(5) After completion of the posting and delivering/mailing, the person posting and delivering/mailing the notice shall file this certificate with the City Manager or his/her designee stating the date and place of delivering/mailing and posting.
(6) An error in the name or address of the owner or person in charge of the property or use of the name other than that of the owner or person in charge of the property shall not make the notice void, and in such case the posted notice shall be sufficient.
(7) Within 10 days after the posting and delivering/mailing of the notice, the owner or person in charge of the property shall abate the condition, substance, act, or nuisance specified in the notice, or appeal the City Manager’s decision to the Linn County Justice Court as specified in subsection (8) of this section.
(8) Any person who shall receive a notice described in subsection (4) of this section may appeal the City Manager’s decision by filing a notice of appeal with the City Manager or his/her designee within 10 days after the posting and mailing of the notice. The appeal must specify the basis therefor.
(9) The appeal shall be referred to the Linn County Justice Court for a hearing.
(10) If the Linn County Justice Court Judge determines that the nuisance does exist, the owner or person in charge of the property shall abate the nuisance within such time as the Judge may grant or, if no specific period of time is granted, within 10 days of the Judge’s decision.
(11) If the nuisance has not been abated within the time allowed, the City Manager or his/her designee may cause the nuisance to be abated. Within 30 days of the date that abatement is taken, the City shall provide the owner or person in charge of the property with an accounting for costs of abatement.
(12) The person charged with the abatement of the nuisance shall have the right at reasonable times to enter upon the property to investigate or cause the removal of the situation.
(13) Remedies Nonexclusive. The procedures provided by this chapter are not exclusive but are in addition to abatement procedures and other remedies provided by other laws and ordinances. (Ord. 152, passed 6-11-2019)