8.49.010 Nuisance defined

Anything which is injurious to health, or is indecent or offensive to the senses, or is an obstruction to the free use of another's property, so as to interfere with the comfortable enjoyment of life or property of another; or including but not limited to placement and/or maintenance of any motor vehicle, motorcycle, trailer, camp trailer or mobile home on any property in the City in violation of any zoning regulation or other City ordinance; or all any residential structure (including all appurtenant structures) to remain vacant for more than one year where its condition constitutes a hazard or its appearance is a blight to the community or where the property is maintained so as to obstruct the free passage or use, in the customary manner, of any navigable lake, or river, bay, stream, canal, or basin, or any public park, square, street, or highway, is defined to be a "nuisance."

This declaration of nuisance by the City Commission is made pursuant to Sections 7-5-4104 and its self-governmental powers under the Charter. (Ord. 2500 §1(part), 1988).

8.49.020 Summary abatement--lien procedure

The City Commission declares that it is in the public interest to establish a summary abatement procedure utilizing a lien process to abate any nuisance as defined in Section 8.49.010. The expense of abatement of nuisances shall be a lien against the property on which it is maintained and a personal obligation shall exist as against the property owner. (Ord. 2500 §1(part), 1988).

8.49.030 Lien procedure for abatement of nuisance

1. The Community Development Director, Chief of Police, Fire Chief, Public Works Director or other authorized City personnel, shall examine or cause to be examined whether any property or thing has been maintained so as to constitute a nuisance as defined in Section 8.49.010. With owner's consent, City personnel may enter upon private premises at any reasonable time to perform an inspection or if such consent cannot be obtained, resort to other legal process inclusive of a search warrant.
2. If City personnel find that a nuisance does exist, they shall obtain a preliminary title report on the real property where the nuisance exists, which shall identify all owners of record, lessees of record, holders of mortgages, deed of trust or other liens and encumbrances of record. They shall serve upon each such person by personal service or by certified mail, postage prepaid, return receipt requested, a written notice stating the nature of the nuisance and requiring the owner to commence either the required repairs, demolition, removal or other appropriate action within ten days and to complete such work within thirty days from the date of notice. Such notice shall also contain the office, address, phone number of City personnel empowered to review the subject matter and the days and hours the same may be contacted. The notice shall be sent to each such person at his address as it appears on the last equalized assessment roll of the County or as known to City personnel. If no address of any such person so appears, then a copy of the notice shall be mailed, and addressed to such person, at the address of the real property where the nuisance is found to exist.
   1. The service by certified mail shall be effective on the date of mailing. City personnel shall cause at least one copy of the notice to be posted conspicuously on the building, structure, or on the real property or thing alleged to be a nuisance.
   2. Proof of service notices shall be certified to at the time of service by written declaration executed by the person effecting service, declaring the time, date and manner in which service was made. The declaration, together with any receipt card, returned acknowledgment of receipt by certified mail, shall be affixed with a copy of the notice and order retained by City personnel. (Ord. 2500 §1(part), 1988).

8.49.040 Notice of hearing before City Commission

If the property owner does not comply with the notice prescribed by Section 8.49.030, by commencing the required work within the time allowed, or makes such other arrangement as may be satisfactory, City personnel shall thereupon send a notice, by certified mail, postage prepaid, return receipt requested, to the owner, mortgage holder, deed of trust holder, or holder of any other lien, encumbrance, estate or legal interest of record as disclosed by the preliminary title report obtained pursuant to Section 8.49.030. The cost of said title report shall be charged to the owner. (Ord. 2728, 1997)

8.49.050 Hearing by City Commission --finding of nuisance

1. At the time fixed on the notice, the City Commission shall proceed to hear the testimony of the City personnel and the testimony of any other interested party who may be present and desire to testify respecting the condition of the property or thing, the estimated cost of repair, demolition, removal or other appropriate action.
2. Upon the conclusion of the hearing, the City Commission will by resolution, declare its findings and in the event it so concludes, it may declare the property or thing to be a nuisance and direct the owner to obtain the proper permits and physically commence abatement of the nuisance within ten days, and to complete said abatement within thirty days by having the property repaired, demolished, removed or other appropriate act necessary to cure the nuisance.
3. Such resolution shall further notify the owner of the property that if the nuisance is not abated, the property will be the subject of repair, demolition, removal, or other appropriate act, as the case may be, by the City and the expenses thereof shall remain a lien on the property.
4. The City personnel shall send copies of the resolution to the person owning the property or thing, as such person's name and address appear on the last equalized assessment roll or as known to the City personnel, and to each lessee, mortgage holder, deed of trust holder, or other holder of any other lien, encumbrance, estate, or legal interest of record as shown on the preliminary title report obtained pursuant to this section, at the last known address of each such person.
5. The City Clerk shall file a certified copy of any resolution declaring real property a nuisance with the Cascade County Clerk and Recorder.
6. The City Commission will consider any extension of the time limits set by resolution, if the owner posts a cash deposit, in an amount fixed by the City Commission, within three days from the date of the grant of the extension request. (Ord. 2500 §1(part), 1988).

8.49.060 Abatement

1. In the event the owner does not commence the abatement of the nuisance located on the real property within ten days prescribed, City personnel are authorized to undertake the appropriate action such as demolition, repair or removal necessary to cure the nuisance in accordance with the resolution of the City Commission or have the work done pursuant to purchase order or contract.
2. City personnel shall keep an itemized account of all expenses involved in the repair, demolition, removal or other appropriate act necessary to cure the nuisance.
3. City personnel shall mail a copy of the statement to the property owner and to any holder of any interest of record, along with a notice of time and place when and where the statement shall be submitted to the City Commission for approval and confirmation. (Ord. 2500 §1(part), 1988).

8.49.070 Hearing by City Commission --statement of expense

1. At the time fixed for the hearing of the statement of expense, the City Commission shall consider the statement together with any objection or protest which may be raised by any of the property owners liable to be assessed for the work and any other interested person and the same shall be confirmed as stated, revised, corrected or modified by the City Commission.
2. Payment of Expenses. If said statement is not paid within five days of the adoption of the resolution, it shall constitute a lien upon the real property and shall be collected as a special assessment against the real property. (Ord. 2500 §1(part), 1988).

8.49.080 Recordation of certificate--when nuisance is abated

When the City Commission has by resolution declared that such property or thing is being maintained as a nuisance, and such resolution has been recorded and thereafter such nuisance is abated, City personnel shall prepare and file with the Clerk and Recorder of the County a certificate stating that such nuisance has been abated and indicating the method of abatement. (Ord. 2500 §1(part), 1988).

8.49.090 Violation—penalty

Any person violating any provision of this chapter is guilty of a misdemeanor pursuant to the general penalty chapter of this Code, Chapter 1.04.070. (Ord. 2500 §1(part), 1988).