§ 12-87. Additional authority to abate nuisance.

(a)

The city may abate, without notice, weeds that:

(1)

Have grown higher than forty-eight (48) inches; and

(2)

Are an immediate danger to the health, life, or safety of any person.

(3)

Not later than the tenth day after the date the city abates weeds under this section, the city shall give notice to the property owner in the manner required by section 18-86, herein. The notice shall contain:

a.

An identification, which is not required to be a legal description, of the property;

b.

A description of the violations of the ordinance [from which this article derives] that occurred on the property;

c.

A statement that the city abated the weeds; and

d.

An explanation of the property owner's right to request an administrative hearing about the city's abatement of the weeds.

(c)

The city shall conduct an administrative hearing before the city administrator or his/her designee on the abatement of weeds under this section if, not later than the thirtieth day after the date of the abatement of the weeds, the property owner files with the city a written request for a hearing. An administrative hearing conducted under this section shall be conducted not later than the twentieth day after the date a request for a hearing is filed. The owner may testify or present any witnesses or written information relating to the city's abatement of the weeds. The city must show that a violation of this article existed, notice was given and the expenses incurred were reasonable.

(d)

The city manager or his/her designated representative may approve the expenses, deny the expenses, or adjust the amount of the expenses and approve them as adjusted.

(e)

The city may assess expenses and create liens under this section as it assesses expenses and creates liens under section 12-88. A lien created under this section is subject to the same conditions as a lien created under section 12-88. The authority granted the city by this section is in addition to the authority granted by section 12-88.

(Ord. No. 2010-02, § 8, 1-11-2010)