13.35.060 Abatement of an environmental nuisance or of an unsanitary condition of a sewage disposal system.
A. Any public or environmental nuisance committed under this division may be abated in any manner provided by law.
B. In the event that an unsanitary condition is deemed to constitute an environmental nuisance and after issuance of a warrant by a superior court judge or a justice of the peace, an employee of the office, acting as the environmental agency of the city, and accompanied by the chief of police or other peace officer, may enter private property between the hours of sunrise and sunset to examine and to abate the nuisance, as provided by law.
C.
1. If an environmental nuisance exists on private property, the office, acting as the environmental agency, may order the owner or occupant to remove the nuisance within 24 hours, unless public health, welfare or safety, or environmental considerations requires immediate action. In situations requiring immediate action, the director or city engineer may act to mitigate the nuisance, with or without written or verbal order, to the extent deemed necessary to mitigate the situation requiring immediate action. The owner of the property shall be responsible for the costs of the immediate action.
2. At the discretion of the director or city engineer, the time allowed to remove a nuisance may be extended beyond the 24-hour period subject to the director receiving information within the 24-hour period that adequate steps are being taken to remove the nuisance. The removal shall be at the expense of the owner or occupant. The written order may be given to the owner or occupant personally or left at the residence of the owner or occupant. The order shall describe the nuisance, identify the code section violated, and contain a statement requiring the removal of the nuisance. If the owner or occupant fails or refuses to comply with the order, and in the opinion of the director or city engineer an immediate threat to the public health exists, they may cause the nuisance to be removed, and the owner, occupant or other person who caused the nuisance shall pay the expenses of removal.
D. The person who commits, continues, permits or allows such prohibited condition shall bear all reasonable and necessary costs and charges for removal or abatement of the prohibited condition, including, but not limited to, the costs of pumping charges, materials and equipment, labor costs and any costs for attorneys’ fees. [Code 2006 § 13-9-5. Ord. 2009-04, 4-14-2009; Ord. 2014-06 § 1, 5-27-2014; Res. 2014-10 Exh. A, 5-27-2014].