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5529
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5529
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Last modified
4/9/2012 11:10:13 AM
Creation date
11/5/2014 12:17:42 PM
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Template:
City Ordinances
Passed
4/1/1986
Ordinance Number
5529
Bill Number
7733
Introdate
3/31/1986
Description
amend chapter 22 new section substituting City Manager for Director of Health
Introduced By
Councilmember Schoomer
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} <br /> ` 1 <br /> Sec. 22-6. Abatement--Without notice; special tax bill. , <br /> Whenever it becomes necessary to immediately abate a <br /> nuisance, as defined by Section 22-2, by common law or by <br /> the Statutes of the State, in order to secure the general <br /> health of the City, or any of its inhabitants, the City <br /> Manager is authorized to abate such nuisance without <br /> notice, and he may use any suitable means or assistance <br /> for that purpose, whether employees of the City or day <br /> laborers especially employed for that purpose or any other <br /> help or assistance necessary therefor. The City Manager <br /> shall certify the cost of abating such nuisance to the <br /> Director of Finance who shall prepare a special tax bill <br /> against the property on which such nuisance was located,. <br /> which tax shall be collected like other taxes and shall be <br /> a first lien on the property until paid. <br /> Sec. 22-7. Same--When abatement may be delayed and <br /> alleged nuisances--_Procedure; notice and <br /> hearing generally; order to abate, etc. <br /> In case the abatement of any nuisance described in the <br /> foregoing section is not immediately necessary for the <br /> protection of the health of the inhabitants of the City, <br /> or in case of the existence of any alleged nuisance not <br /> defined therein, the City Manager shall hold a public <br /> hearing before declaring the same to be a nuisance and <br /> ordering its abatement. Five days notice of such hearing <br /> shall be given to the owner or occupant of the premises <br /> upon which such alleged nuisance exists, or to his agent, <br /> or to the person causing or maintaining such alleged <br /> nuisance, which notice shall state the time and place of <br /> such hearing. In the event that the whereabouts of the <br /> owner or occupant of the premises where such alleged <br /> nuisance exists, or of his agent, or of the person causing <br /> or maintaining such alleged nuisance, are unknown and <br /> notice cannot be served upon them, then such notice shall <br /> be posted on the premises where such alleged nuisance <br /> exists, for at least five days before such hearing. All <br /> interested parties may appear at such hearing either in <br /> person or by attorney and present evidence concerning the <br /> matters at issue. If upon such hearing the City Manager <br /> finds that a nuisance exists, he shall order the owner, <br /> occupant or agent of such property, or the person causing <br /> or maintaining such nuisance, to abate the same, and if <br /> the same be not abated within the time prescribed by the <br /> City Manager in such order, the City Manager shall abate <br /> the same, and the costs thereof may be levied as a special <br /> tax in the manner prescribed in the foregoing Section. <br /> Sec. 22-8. Same--Duty of owner, etc. , to abate upon <br /> order of the City Manager. q <br /> It shall be the duty of the owner or occupant of the <br /> premises, or his agent, or the person causing or maintain- <br /> ing any nuisance, to abate the same after an order by the <br /> City Manager in accordance with the terms prescribed in <br /> such order, and any failure to do so shall constitute a <br /> violation of this Chapter and shall subject such person to <br /> the penalties prescribed for such offense in Section 22-6. <br /> Section 2. This ordinance shall not be construed so as to relieve <br /> any person, firm or corporation from any penalty heretofore incurred by the <br /> violation of the sections hereby amended, nor bar the prosecution for any such <br /> violations. <br /> 2 <br />
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