Boonville Abatement of nuisances in emergency cases ordinance (§ 13-3)

(a) Procedure. When a complaint is made to city staff or elected officials as to the existence of a public nuisance as defined in section 13-2. the building inspector, health inspector or representative designated by the city administrator shall promptly inspect the property on which it is alleged that such public nuisance exists. Upon the discovery of a public nuisance, the inspecting officer shall determine if the public health, welfare or safety may be in immediate danger and if so, emergency abatement procedure shall be implemented.

(b) Procedure in emergency abatement cases. The building inspector, health inspector or representative designated by the city administrator in emergency abatement cases shall provide notice to the owner of the property which shall either be personally served, or if the owner cannot be located for purposes of service within a time which the building inspector deems to be safe due to the immediate danger of the public nuisance as regards the public health, welfare or safety, then said notice shall be posted on the property. The notice shall provide the street address or legal description of the property, description of the condition or conditions alleged to constitute a public nuisance and that the inspector deems that the condition imposes an immediate danger to the public health, welfare or safety of the community and that abatement shall begin within such a time (the shortest time would be thirty (30) minutes from the time of serving or posting the notice) as the building inspector deems necessary to eliminate the immediate danger which the public nuisance poses to the public health, welfare or safety of the community. The notice shall further provide that a hearing may be immediately requested, prior to the time when abatement is to commence, before the building inspector, director of public works, or city administrator, whomever is available, solely for the purpose of determining whether the public nuisance condition poses an immediate danger to the public health, welfare or safety of the community.

(1) In the event no hearing is requested, or in the event after hearing it is determined that the public nuisance condition does pose an immediate danger to the public health, welfare or safety of the community, abatement shall be implemented under the supervision of the building inspector, health inspector or representative designated by the City Administrator. Summary abatement costs shall be certified by the city clerk and assigned to the annual real estate tax bill for the property. (2) In the event, after hearing, it is determined that the public nuisance condition does not pose an immediate danger to the health, welfare or safety, then the building inspector, health inspector or representative designated by the city administrator shall continue to proceed under this chapter, not under the procedure of emergency abatement but under the procedure for abatement of nuisance in nonemergency cases as provided for hereafter.