Ordinance 2015-067 - Laserfiche WebLink

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949.02 RIGHT OF ENTRY. The Director of Public Safety is authorized to enter any vacant or abandoned structure or premises within the City governed by this Chapter at reasonable times to inspect subject to constitutional restrictions on unreasonable searches and seizures. If entry is refused or not obtained, the Director is authorized to pursue access to the premises allowed by law, including, but not limited to, the acquisition of an administrative search warrant. 949.03 DETERMINATION OF EMERGENCY. The Director of Public Safety is hereby authorized to determine whether the nuisance conditions arising from vacant or abandoned structures/premises related to animal/pest control,as presented, constitute a real and present danger, reasonably expected to result in injury or illness of persons, or the destruction of property, to such an extent that extraordinary measures must be taken to protect the public health, safety and welfare. If so, the Director is hereby authorized to take such immediate action as necessary to temporarily control or abate the emergency, without prior notification of property owners. Notice shall be provided as set forth herein after the abatement of the emergency as set forth in 949.04(b). 949.04 NUISANCE DECLARATION AND ABATEMENT ORDER. (a) Upon probable cause determination and nuisance declaration pursuant to Section 949.01 and/or 949.03, the Director of Public Safety shall proceed with an Abatement Order and notification thereof. Following notification and,upon failure to timely comply with the Abatement Order, the Director of Public Safety may enter upon the premises and may abate the nuisance as provided herein. (b) Notice of Nuisance Declaration and Abatement Order. The Director of Public Safety, upon probable cause finding and declaring that nuisance conditions presently exits,as defined in Section 949.01, shall cause a written notice and abatement order to be served on the owner of the property declaring said nuisance and ordering immediate abatement. This notice and order shall identify the nuisance conditions, and the estimated costs to abate by professional contractor; shall, except in case of emergency, state that the owner may avoid being charged the costs of abatement by taking immediate steps to do so voluntarily; and shall state the appeal process. Notice shall further state that absent timely compliance with abatement order, the abatement will proceed and costs assessed to owners; that the City may abate the nuisance by responding to the activities using administrative and law enforcement actions, and the costs of the abatement shall be charged to the owner of the nuisance property and may be certified as a lien on the nuisance property. Notice shall be deemed properly delivered by delivering it personally to the owner or leaving it at the owner's usual place of business or residence,or by mailing it to the owner, or,if it cannot be served