§ 1-2.12. Nuisances: Recovery of abatement expenses.

(a)

Whenever any person creating, causing, committing, or maintaining a public nuisance, as referred to in Section 1-2.07 of this chapter, or other public nuisance, as defined under State law or other ordinance or regulation, has been given notice, by or on behalf of the City Attorney or by any other City officer or employee authorized to give such notice, to abate such nuisance or cease and desist from continuing such nuisance or violation of law, and such person who was given notice fails, refuses, or neglects to comply with the notice within the time specified therein, or if such a time is not specified, then within a time reasonably sufficient to enable such compliance, such noncomplying person shall be liable to the City for any and all costs and expenses to the City involved in thereafter abating the nuisance and in obtaining compliance with or enforcing the law as referred to or encompassed in the said notice.

(b)

Costs and expenses, as referred to in subsection (a) of this section, may include, but are not limited to, any and all direct costs and expenses related to such things as personnel salaries and benefits, operational overhead, rent, interest, fees for experts or consultants, legal costs or expenses, including attorneys' fees, claims against the City arising as a consequence of the nuisance or violation, and procedures associated with collecting moneys due hereunder.

(c)

The provisions of subsection (a) of this section shall also apply to any person who received a notice, as specified therein, and thereafter the nuisance or violation was abated, but such person subsequently allowed or was responsible for a recurrence of the nuisance or violation.

(d)

Moneys due the City pursuant to this section may be recovered in an appropriate civil action. Alternatively, such liability may be enforced by special assessment proceedings against the parcel of land upon which the nuisance existed.

(§ 7, Ord. 457, eff. November 10, 1980)