§ 50-182. Notice to abate.

The director may initiate abatement proceedings if conditions in violation of this division are found to exist. The abatement process is initiated by giving the property owner advance notice of the abatement proceedings. The director shall issue a written notice to abate (notice), which shall contain a statement of the action required of the owner. The action required may be as follows:

(1)

Repair. If the director determines that a dwelling or building must be repaired, the notice shall order the dwelling, building or portion thereof to be repaired, that all required permits be secured therefor, and the repair work shall be completed within the time specified on the notice or within such time that the director shall determine is reasonable under all the circumstances.

(2)

Repair or demolish. The owner shall have the choice between repairing or demolishing. However, if the owner chooses to repair, the director shall require that the building be brought into compliance with this division according to a written, reasonable and feasible schedule for expeditious repair. If the owner chooses to demolish the building, all required permits for demolition must be secured within the time specified on the notice and the demolition to be completed within such time as the director shall determine is reasonable under all circumstances. In deciding whether to abate the nuisance by requiring repair or vacation of the building, the city shall:

a.

Give preference to repair whenever it is economically feasible without having to repair more than 75 percent of the building; and

b.

Consider the need for housing as set forth in the city's housing element.

(3)

Vacation of property. If the director has determined that the dwelling, building or portion thereof is in such condition as to make it imminently dangerous to the life, health, property, or safety of its occupants, the public or adjacent property, the notice shall require that the dwelling, building or portion thereof shall be vacated within a time specified on the notice, as determined by the director to be reasonable under all of the circumstances. The director shall not require the vacating of the building unless the director concurrently requires expeditious demolition or repair to comply with this division.

(4)

Boarding against entry. If an offending dwelling or building is vacant, open and accessible, the director shall require the property owner to board the building or portion thereof, and that it remain secured against entry. If a condition exists to the extent that the building or portion thereof cannot be boarded, the director may require other remedies to secure the property against entry. This action shall occur in accordance with the specifications for the boarding of open and accessible properties issued by the United States Department of Housing and Urban Development or such similar plans and specifications for boarding open and accessible properties in a manner designed to adequately protect against entry without creating any unreasonable risks to the life, health, property, safety, or welfare of the public.

(5)

Eliminate risk of hazardous materials. If, following an inspection of a building or any portion thereof, the director determines that there is reasonable cause to believe that, because of the presence of friable asbestos or other hazardous material as defined by the Health and Safety Code, there is a serious risk to the life, health, property, safety, or welfare of its occupants, the general public, or the adjacent neighborhood, the director may order the owner to take all steps necessary to eliminate the risk within the time specified on the notice. To confirm the elimination of the risk, the owner of the building or portion thereof shall, at his or her expense and within the same time certain as established in the notice, obtain the services of a qualified health professional acceptable to the director to perform a comprehensive site assessment and prepare a written report to the director confirming that a health risk no longer exists.

(6)

Securing unimproved real property. Whenever the director determines that any unimproved real property is used for the dumping or disposal of any object or material in a manner that violates this division or other section of the city Code, the director may order the owner to do any or all of the following to secure the property against further disposal or dumping:

a.

Erect fencing and locking gates to the city's specifications;

b.

Install barricades to the city's specifications; or

c.

Establish security patrols at regular intervals to ensure the integrity of any required fences and locking gates.

(Ord. No. 2002-04, § 2(16B.05.04), 5-8-2002)