§ 19-52. Procedure for notification and abatement; order to abate; request for hearing; cost reimbursement upon failure.

(a)

Whenever the city by and through its authorized representatives shall determine that any litter deposited or existing within a creek or watercourse causes imminent danger to the public health, safety or welfare, particularly where such litter is determined to cause an obstruction to the channel, watercourse, or floodway affected, the city shall cause such litter to be removed at the expense of the owner, agent, occupant, tenant or person in possession, charge or control of the lot or ground on which such litter is found or the lot or ground immediately adjacent thereto if such lot or ground was used as the source of such litter or the place of access for the disposition of such litter.

(b)

In the event that the city by and through its authorized representatives determines that such danger is not imminent, the city shall provide notice to any owner, agent, occupant, tenant or person in possession, charge or control of the lot or ground upon which such litter is being maintained or the lot or ground immediately adjacent thereto if such lot or ground was used as the source of such litter or the place of access for the disposition of such litter, of the city's determination and issue an order mandating such person to remove such public nuisance. Such notice shall be delivered personally or by certified mail through the United States Post Office, directed to such person. If such certified mail is returned with a receipt showing that it has not been delivered to such person, the city may comply with the notice delivery requirements of this section by posting a copy of such notice in a conspicuous place on or about the property. A person receiving such notice may within five calendar days after receipt of such notice request a hearing with the city as described in such notice. If a person receiving such notice fails to timely request a hearing or fails to appear at a hearing scheduled pursuant to a timely request, then it shall be conclusively presumed that such person is in violation of the provisions of this article as set forth in such notice.

(c)

Unless a person receiving a notice pursuant to this section successfully challenges the nuisance violation set forth in such notice at a hearing requested pursuant to this section, such person shall abate and/or remove such nuisance within seven calendar days after the receipt of such notice. If a person receiving such notice fails or refuses to comply with the order to abate and/or remove such nuisance in a timely manner, the city may cause the abatement and/or removal of such nuisance as provided in this article. The owner, agent, occupant, tenant or person in possession, charge or control of such lot or ground shall reimburse the city for its reasonable costs incurred in abating and/or removing the same including but not limited to labor, equipment, and disposal costs.

(Ord. No. 3193, § 1, 2-25-2002; Ord. No. 3214, § 4, 5-28-2002; Ord. No. 3387, § 1(19-52), 10-24-2005)