§ 17-164. Order to abate.

(a)

Order to abate. Whenever an owner of any real property permits, maintains, or allows the real property to become a public nuisance as defined herein, the city manager, or his designated representative, may, on behalf of the city, cause to be served by personal service or by registered or certified mail upon such owner a declaration of nuisance and order to abate which shall contain the following:

(1)

A statement of the conditions which constitute the public nuisance;

(2)

A statement of what action by the owner is necessary to abate the conditions described in subsection (1) of this section;

(3)

The grant of a reasonable period, not to exceed sixty (60) days from the date of the declaration and order, for abatement to be completed or substantially completed; and

(4)

The admonition to the owner that if abatement is not completed, the city manager, or his designated representative, shall forthwith institute legal proceedings to cause same to occur.

(b)

Proceedings to abate. Upon the failure of the owner to comply with an order to abate issued pursuant to subsection (a), the city manager, or the manager's designated representative, is hereby authorized to institute, on behalf of the city, any legal proceedings in the county circuit court, or other court of competent jurisdiction, necessary to enforce compliance with any order of abatement issued under this chapter.

(c)

Order to abate. In the event legal proceedings are initiated and a court finds that the order to abate issued under subsection (a) of this section is appropriate and that the owner has failed to comply with same, the court is hereby authorized to enter any order it deems necessary requiring compliance by the owner with same. The court may order the premises padlocked for up to one (1) year should it find the premises is the location of repeated illegal drug sales.

(d)

Noncompliance with court order/remedy. If abatement is not completed within the time limit specified by the court for compliance, the city manager or his designee is hereby authorized to institute any additional proceedings or court filings needed to ensure compliance with the court's order.

(Ord. No. 99-6, § 3, 4-20-99; Ord. No. 2012-38, § 2, 11-13-12)