§ 18-20. Abatement by the city.

(a)

The imposition of the penalties herein described shall not prevent the legal officer of the jurisdiction from instituting appropriate action to prevent unlawful construction or to restrain, correct or abate a violation; or to prevent illegal occupancy of a structure or premises; or to stop an illegal act, conduct of business or occupancy of a structure on or about any premises.

(1)

In any case where the violator and/or owner, agent or tenant fails to abate the violation within the time specified by the building safety division, other designated officer, or the court, or where the violator and/or owner, agent or tenant cannot be served with notice, or where the nature of the violation is such, in the opinion of the judge, that it must be immediately abated, the judge may issue an order to the chief of police, fire chief, building official, or code enforcement official directing the nuisance to be abated. The chief of police, fire chief, building official, or code enforcement official, in such case, shall keep a record of the expenses and costs of abating the violation, and the costs shall be billed against the violator and/or owner, agent or tenant for collection as for city revenues. The total expense, including administrative costs, incurred by the city in abating violations under this article shall constitute a lien upon the property upon which the violation was abated.

(2)

When a violation is of such magnitude or degree that city equipment and personnel cannot safely or completely abate it, the city may contract with a private contractor to abate the violation on the city's behalf.

(3)

City officers, employees, or any city contractor shall have the right of entry upon real property and shall be immune from prosecution, civil or criminal, for trespass upon real property while in the discharge of their duties in removing or abating any violation under this article.

( Ord. No. 03-2014, § 1(Exh. A), 5-28-14 )