§ 11-108. Abatement by City.

(a)

If a condition in violation of Section 11-102, 11-103, or 11-105 remains upon a land or premises after the expiration of the time specified in a notice of violation, the Chief Administrative Officer, or his or her designee, may issue a notice of abatement to such person identified in the notice of violation informing the person that the Chief Administrative Officer will cause the cited condition to be abated at the expense of such person.

(b)

An administrative fee shall be assessed in each case. The expense of abatement and the administrative fee shall be chargeable against such person identified in the notice of abatement.

(c)

The notice of abatement may either be served, mailed or delivered to such person or posted on the land or premises where the nuisance is located. Proof of such service, delivery, mailing or posting shall be sufficient evidence of the service of notice.

(d)

Notwithstanding the notice requirements of this section, if the Chief Administrative Officer, or his or her designee, determines that the condition constitutes an imminent, substantial or compelling threat to the public health or to the environment, the notice requirement may be dispensed with.

(e)

Notwithstanding subsections (a) through (d) of this section, the notice of violation specified in Section 11-107 and the notice of abatement specified in this section can be combined in one document and issued as provided in this article.

(f)

If the abatement is undertaken by the City pursuant to this section, the expense of the abatement and the administrative fee shall constitute a lien on real property of the owner and shall be reported to the Finance Director who shall collect the expense and fee in the manner in which city taxes levied upon real estate are authorized to be collected.

(g)

Abatement by the City shall be exclusive of and in addition to any criminal penalty which may be imposed.

(h)

The Chief Administrative Officer or the designee thereof shall by no later than December 1 of each year submit a report to the City Council concerning information on City vegetation abatement programs, including the number of properties abated, the total cost to the City for such abatement, the number of properties on which liens were imposed in accordance with this section, the total dollar amount of such liens, and the abatement costs collected.

(Code 1993, § 19-56.1; Code 2004, § 38-156; Ord. No. 2004-360-330, § 1, 12-13-2004; Ord. No. 2015-191, § 1, 1-11-2016)

(Code 1993, § 19-56.1; Code 2004, § 38-156; Ord. No. 2004-360-330, § 1, 12-13-2004; Ord. No. 2015-191, § 1, 1-11-2016)