Nevada City Municipal Code Ch. 8.04 Nuisances

The intent of the city council in adopting this chapter, and the purpose thereof, is to protect the inhabitants of the city against all forms of nuisances, public or private, not specifically prohibited by state law, growing out of any action, activity, condition, circumstances or situation permitted to exist within the city and caused or produced by any person, beast or fowl, reptile or insect, or by any mechanical or other contrivances injurious to the public health or to the public safety or morals, or which is indecent, or offensive to the senses, or an obstruction to the free use of property, to such an extent as to interfere with the comfortable enjoyment of life or property by the entire community or neighborhood, or by any considerable number of persons.

(Ord. 278 § 1, 1956)

The city council declares that each and every one (1) of the following conditions constitutes a nuisance, or nuisances, within the meaning and for the purposes of this chapter; and any person, firm, company or corporation creating, causing, committing, maintaining or permitting such nuisances, or any of them, or their existence or presence, shall be guilty of a misdemeanor punishable as provided in this chapter:

A. Animals, livestock or fowl within the corporate limits of the city (except dogs which have been licensed and household pets such as cats) in excess of those needed for the immediate and personal use of the family occupying the premises;

B. Animals running at large either on public or private property, except dogs which are licensed by the city;

C. Automobile wrecking yard, brick yard, livery stable or slaughterhouse; junkyard or junk iron or metal, dilapidated or dismantled automobiles or automobile parts within any residential district as the same are defined in any ordinance of the city now in effect or hereafter adopted;

D. Unauthorized suspension or exhibition of banners, pictures, flags, signs, advertisements, posters or cards across or over any alley, street, lane, court, park or other public place or such suspension from poles, fences, houses or other structures;

E. Any barn, stable, chicken house or yard, or manure or fertilizer pile which is a breeding place for flies or liable to become such;

F. Buildings, walls and other structures which have been damaged by fire, decay or otherwise, to such an extent that the same cannot be repaired so as to conform to the requirements of the building code in effect in this city;

G. Any building, or part of a building, which as a result of any violation of any Uniform Building or Fire Code adopted by the city of Nevada City has become a dangerous building as defined in Section 8.04.035 of this code;

H. Dirt, rubbish, grass, weeds and rank growth on buildings or grounds and adjacent sidewalks, or on private property;

I. Any accumulation of garbage and/or filth;

J. The discharge of sewerage, garbage or any other organic filth into or upon any place in such a manner that the transmission of ineffective material to human beings may result therefrom;

K. Dumping of any litter, garbage, rubbish, debris or other refuse at any place within the city except at such dump or dumps as are specifically established by the city;

L. Defective or ineffective eave gutters or drains causing inconvenience to pedestrians;

M. Encroachments upon or obstructions in or to any sidewalks, street, alley, lane, court, park or other public place;

N. Existence or presence of any fire hazard;

O. Unauthorized operation or use of any loudspeaker or amplifying device on any public street, or in any public place, or outside of any building facing upon a business street;

P. The persistent emission or maintenance of any noise produced by human, animal or mechanical means, between the hours of 10:00 p.m. and 7:00 a.m. which, by reason of its raucous or nervewracking nature, disturbs the peace or comfort, or is injurious to the health, of any person or persons;

Q. A privy, dry closet, cesspool, septic tank or similar device on any lot or premises not connected to, but accessible to, a sewer line of the city;

R. Any trade or manufacture carried on in such a manner as to become a menace to the public health through improper or inadequate disposal of dust, waste or fumes;

S. The accumulation of any pool of water in such a manner that the same is, or may become, a breeding place for mosquitoes;

T. The defacement, injury or destruction of public property;

U. Radio wave interference which can be eliminated;

V. Hanging signs, awnings and other structures over the streets or sidewalks, barbed wire or limbs of trees, shrubs or bushes, so situated or so located as to be a traffic hazard or to endanger persons traversing the streets or sidewalks of the city;

W. The existence or presence of sidewalk in need of repair which is dangerous to the public safety;

X. The existence or presence of snow, ice or other condition on a sidewalk or other traveled way dangerous to pedestrians;

Y. The display or otherwise of goods, wares or merchandise upon the sidewalks or streets, unless being loaded or unloaded and then not to exceed two (2) hours; except that the chief of police may grant a permit for display on the sidewalk of goods, wares or merchandise not intended for human consumption nor objectionable to the senses; provided, that such display shall be placed only on that part of the sidewalk next to the building and leave a clear passageway for pedestrians not less than five (5) feet wide;

Z. The continued violation of any valid ordinance of the city of Nevada City.

(Ord. 2004-02 §§ 1, 2, 2004; Ord. 278 § 2, 1956)

A. Violation Unlawful. It is unlawful and declared a public nuisance for any person to violate any emergency order made by the Governor of the State of California under the Emergency Services Act or any order of the State Department of Public Health or Nevada County Health Officer issued for the purpose of preventing the spread of any contagious, infectious, or communicable disease.

B. Remedies. The City may enforce this Ordinance using any remedy available under the law, Including:

1. Issuance of an administrative citation under Chapter 1.22 of this Code.

2. Suspension or revocation of any conditional use permit under this Code, revocation of legal nonconforming status under this Code, or suspension or revocation of other land use approval under Title 17 of this Code.

3. Criminal prosecution by the city prosecutor under Chapter 1.12 of this Code, either as a criminal infraction or misdemeanor at the discretion of the city prosecutor.

4. Punishable as provided under Section 2.44.070 of this Code.

5. Filing of a civil or equitable action to seek abatement of any violation.

C. Violations Ongoing. Each and every day a violation is maintained, caused, aided, abetted, concealed, suffered, or permitted is a separate offense.

D. Remedies Cumulative. The remedies, procedures, and penalties provided by this Section are cumulative to each other and to any other available under City, State, or federal law.

(Ord. No. 2020-21, § 3, 12-9-2020)

A. Whenever it comes to the attention of the chief of police that any nuisance exists, as defined in this chapter except for a nuisance as described in Section 8.04.020(G), it shall be the duty of the chief of police to notify in writing the person or persons creating, causing, committing or maintaining the nuisance or nuisances or the agent of the foregoing persons that a nuisance is being committed. The notice shall set forth a brief description of the section that the chief of police is relying upon and a brief description of the action which results in a nuisance. The person or persons responsible for the nuisance shall abate the nuisance or nuisances within forty-eight (48) hours of the receipt of the notice, and it is unlawful for such person or persons to maintain or permit to be maintained the nuisance after the expiration of said forty-eight (48) hours. However, any such person or persons may file with the chief of police for a reasonable extension of time within which to abate the nuisance. The chief of police may extend the time for abatement of the nuisance for a good cause shown. It shall be in the sole discretion of the chief police whether to grant such a request for an extension and within his sole discretion to determine the length of time for abatement. If the chief of police does grant additional time to abate the nuisance, he shall notify the person or persons requesting the extension in writing within a reasonable time.

B. Any decision made by the chief of police under this section may be appealed to the city council pursuant to the appeal procedures set forth below in Section 8.04.035.B.

(Ord. 2004-02 § 3, 2004; Ord. No. 2019-04, § I, 8-15-2019)

A. Notices and Orders of City Council.

1. General.

a. Commencement of Proceedings. When the city engineer has inspected or caused to be inspected any building and has found and determined that such building is a dangerous building, the city engineer shall commence proceedings to cause the repair, vacation or demolition of the building.

b. Notice and Order. The city engineer shall issue a notice and order directed to the record owner of the building. The notice and order shall contain:

i. The street address and a legal description sufficient for identification of the premises upon which the building is located;

ii. A statement that the city engineer has found the building to be dangerous with a brief and concise description of the conditions found to render the building dangerous under the provisions of Section 302 of the 1997 Uniform Code for the Abatement of Dangerous Buildings or similar section of any revised Uniform Code for the Abatement of Dangerous Buildings adopted by the city;

iii. A statement of the action required to be taken as determined by the city engineer.

(A) If the city engineer has determined that the building or structure must be repaired, the order shall require that all required permits be secured therefor and the work physically commenced within such time (not to exceed sixty (60) days from the date of the order) and completed within such time as the city engineer shall determine is reasonable under all of the circumstances,

(B) If the city engineer has determined that the building or structure must be vacated, the order shall require that the building or structure shall be vacated within a time certain from the date of the order as determined by the city engineer to be reasonable;

iv. Statements advising that if any required repair is not commenced within the time specified, the city engineer:

(A) Will order the building vacated and posted to prevent further occupancy until the work is completed, and

(B) May proceed to cause the work to be done and charge the costs thereof against the property or its owner;

v. Statements advising:

(A) That any person having any record title or legal interest in the building may appeal from the notice and order or any action of the city engineer to the city council, provided the appeal is made in writing as provided in this code and filed with the city engineer within thirty (30) days from the date of service of such notice and order, and

(B) That failure to appeal will constitute a waiver of all right to an administrative hearing and determination of the matter.

c. Service of Notice and Order. The notice and order, and any amended or supplemental notice and order, shall be served upon the record owner and posted on the property; and one (1) copy thereof shall be served on each of the following if known to the city engineer or disclosed from official public records: the holder of any mortgage or deed of trust or other lien or encumbrance of record; the owner or holder of any lease of record; and the holder of any other estate or legal interest of record in or to the building or the land on which it is located. The failure of the city engineer to serve any person required herein to be served shall not invalidate any proceedings hereunder as to any other person duly served or relieve any such person from any duty or obligation imposed by the provisions of this section.

d. Method of Service. Service of the notice and order shall be made upon all persons entitled thereto either personally or by mailing a copy of such notice and order by certified mail, postage prepaid, return receipt requested, to each such person at their address as it appears on the last equalized assessment roll of the county or as known to the city engineer. If no address of any such person so appears or is known to the city engineer, then a copy of the notice and order shall be so mailed, addressed to such person, at the address of the building involved in the proceedings. The failure of any such person to receive such notice shall not affect the validity of any proceedings taken under this section. Service by certified mail in the manner herein provided shall be effective on the date of the mailing.

e. Proof of Service. Proof of service of the notice and order shall be certified to at the time of service by a written declaration under penalty of perjury executed by the persons effecting service, declaring the time, date and manner in which service was made. The declaration, together with any receipt card returned in acknowledgment of receipt by certified mail shall be affixed to the copy of the notice and order retained by the city engineer.

2. Recordation of Notice and Order. If compliance is not had with the order within the time specified therein, and no appeal has been properly and timely filed, the city engineer shall file in the office of the county recorder a certificate describing the property and certifying (a) that the building is a dangerous building and (b) that the owner has been so notified. Whenever the corrections ordered shall thereafter have been completed so that it no longer exists as a dangerous building on the property described in the certificate, the city engineer shall file a new certificate with the county recorder certifying that all required corrections have been made so that the building is no longer dangerous, whichever is appropriate.

3. Repair and Vacation. The following standards shall be followed by the city engineer (and by the city council if an appeal is taken) in ordering the repair or vacation of any dangerous building or structure:

a. Any building declared a dangerous building under this code shall be made to comply with one (1) of the following:

i. The building shall be repaired in accordance with the current building code or other current code applicable to the type of substandard conditions requiring repair; or

ii. If the building does not constitute an immediate danger to the life, limb, property, or safety of the public, it may be vacated, secured, and maintained against entry.

b. If the building or structure is in such condition as to make it immediately dangerous to the life, limb, property or safety of the public or its occupants, it shall be ordered to be vacated.

4. Notice to Vacate.

a. Posting. Every notice to vacate shall, in addition to being served as provided in subsection (A)(1)(d) of this section, be posted at or upon each exit of the building and shall be in substantially the following form:

DO NOT ENTER

UNSAFE TO OCCUPY

It is a misdemeanor to occupy this building, or to remove or deface this notice.

City Engineer

................. of ..................

b. Compliance. Whenever such notice is posted, the city engineer shall include a notification thereof in the notice and order reciting the emergency and specifying the conditions which necessitate the posting. No person shall remain in or enter any building which has been so posted except that entry may be made to repair, demolish or remove such building under permit. No person shall remove or deface any such notice after it is posted until the required repairs have been completed.

B. Appeal.

1. General.

a. Form of Appeal. Any person entitled to service under subsection (A)(1)(c) of this section may appeal from any notice and order or any action of the city engineer or police chief under this code by filing at the office of the city engineer a written appeal containing:

i. A caption reading: "Appeal of.......," giving the names of all appellants participating in the appeal;

ii. A brief statement setting forth the legal interest of each of the appellants in the building or the land involved in the notice and order, if applicable;

iii. A brief statement in ordinary and concise language of the specific order or action protested, together with any material facts claimed to support the contentions of the appellant;

iv. A brief statement in ordinary and concise language of the relief sought and the reasons why it is claimed the protested order or action should be reversed, modified or otherwise set aside;

v. The signatures of all parties named as appellants and their official mailing addresses;

vi. The verification (by declaration under penalty of perjury) of at least one (1) appellant as to the truth of the matters stated in the appeal.

The appeal shall be filed within thirty (30) days from the date of the service of such order or action of the city engineer or police chief; provided, however, that if the building or structure is in such condition as to make it immediately dangerous to the life, limb, property, or safety of the public or adjacent property and is ordered vacated and is posted in accordance with subsection (A)(4)(a) of this section, such appeal shall be filed within ten (10) days from the date of the service of the notice and order of the city engineer.

b. Processing of the Appeal. Upon receipt of any appeal filed pursuant to this section, the city engineer or police chief shall present it at the next regular or special meeting of the city council.

c. Scheduling and Noticing Appeal for Hearing. As soon as practicable after receiving the written appeal, the city council shall fix a date, time, and place for the hearing of the appeal by the council. Such date shall not be less than ten (10) days nor more than sixty (60) days from the date the appeal was filed. Written notice of the time and place of the hearing shall be given at least ten (10) days prior to the date of the hearing to each appellant by the city council either by causing a copy of such notice to be delivered to the appellant personally or by mailing a copy thereof, postage prepared, addressed to the appellant at the address shown on the appeal.

2. Effect of Failure to Appeal. Failure of any person to file an appeal in accordance with the provisions of the ordinance codified in this section shall constitute a waiver of the right to an administrative hearing and adjudication of the notice and order or any portion thereof.

3. Scope of Hearing on Appeal. Only those matters or issues specifically raised by the appellant shall be considered in the hearing of the appeal.

4. Staying of Order Under Appeal. Except for vacation orders made pursuant to subsection (B)(1)(a)(vi) of this section, enforcement of any notice and order of the city engineer or police chief issued under this code shall be stayed during the pendency of an appeal therefrom which is properly and timely filed.

C. Procedures for Conduct of Hearing Appeals.

1. General.

a. Record. A record of the entire proceedings shall be made by tape recording or by any other means of permanent recording determined to be appropriate by the board.

b. Continuances. The city council may grant continuances for good cause shown.

c. Oaths. In any proceedings under this chapter, the city council has the power to administer oaths and affirmations.

2. Form of Notice of Hearing. The notice to appellant shall be substantially in the following form, but may include other information:

You are hereby notified that a hearing will be held before (the City Council) at_______on the_______day of________, 20___, at the hour_______, upon the notice and order served upon you. You may be present at the hearing. You may be, but need not be, represented by counsel. You may present any relevant evidence and will be given full opportunity to cross-examine all witnesses testifying against you. You may request the issuance of subpoenas to compel the attendance of witnesses and the production of books, documents or other things by filing an affidavit therefor with the City Council.

3. Subpoenas.

a. Filing of Affidavit. The city council may obtain the issuance and service of a subpoena for the attendance of witnesses or the production of other evidence at a hearing upon the request of a member of the council or upon the written demand of any party. The issuance and service of such subpoena shall be obtained upon the filing of an affidavit therefor which states the name and address of the proposed witness; specifies the exact things sought to be produced and the materiality thereof in detail to the issues involved; and states that the witness has the desired things in possession or under control. A subpoena need not be issued when the affidavit is defective in any particular.

b. City Attorney. The city attorney shall issue all subpoenas.

c. Penalties. Any person who refuses without lawful excuse to attend any hearing or to produce material evidence which the person possesses or controls as required by any subpoena served upon such person as provided for herein shall be guilty of a misdemeanor.

4. Conduct of Hearing.

a. Rules. Hearings need not be conducted according to the technical rules relating to evidence and witnesses.

b. Oral Evidence. Oral evidence shall be taken only on oath or affirmation.

c. Admissibility of Evidence. Any relevant evidence shall be admitted if it is the type of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rule which might make improper the admission of such evidence over objection in civil actions in courts of competent jurisdiction in this state.

d. Exclusion of Evidence. Irrelevant and unduly repetitious evidence shall be excluded.

e. Rights of Parties. Each party shall have these rights, among others:

i. To call and examine witnesses on any matter relevant to the issues of the hearing;

ii. To introduce documentary and physical evidence;

iii. To cross-examine opposing witnesses on any matter relevant to the issues of the hearing;

iv. To impeach any witness regardless of which party first called the witness to testify;

v. To rebut the evidence; and

vi. To be represented by anyone who is lawfully permitted to do so.

f. Official Notice.

i. What May be Noticed. In reaching a decision, official notice may be taken, either before or after submission of the case for decision, of any fact which may be judicially noticed by the courts of this state or of official records of the city council or departments and ordinances of the city or rules and regulations of the city.

ii. Parties to be Notified. Parties present at the hearing shall be informed of the matters to be noticed, and these matters shall be noted in the record, referred to therein, or appended thereto.

iii. Opportunity to Refute. Parties present at the hearing shall be given a reasonable opportunity, on request, to refute the officially noticed matters by evidence or by written or oral presentation of authority, the manner of such refutation to be determined by the city council or hearing examiner.

iv. Inspection of the Premises. The city council may inspect any building or premises involved in the appeal during the course of the hearing, provided that (A) notice of such inspection shall be given to the parties before the inspection is made, and (B) the parties are given an opportunity to be present during the inspection.

5. Method and Form of Decision.

a. Hearing Before City Council Itself. When a contested case is heard before the council itself, a member thereof who did not hear the evidence or has not read the entire record of the proceedings shall not vote on or take part in the decision.

b. Form of Decision. The decision shall be in writing and shall contain findings of fact, a determination of the issues presented, and the requirements to be complied with. A copy of the decision shall be delivered to the appellant personally or sent by certified mail, postage prepaid, return receipt requested.

c. Effective Date of Decision. The effective date of the decision shall be as stated therein.

D. Enforcement of the Order of the City Engineer, Police Chief or the City Council.

1. Compliance.

a. General. After any order of the city engineer, police chief or the city council after appeal made pursuant to the ordinance codified in this section shall have become final, no person to whom any such order is directed shall fail, neglect or refuse to obey any such order. Any such person who fails to comply with any such order is guilty of a misdemeanor.

b. Failure to Obey Order. If, after any order of the city engineer, police chief or city council made pursuant to this code has become final, the person to whom such order is directed shall fail, neglect or refuse to obey such order, the city may:

i. Cause such person to be prosecuted under subsection (D)(1)(a) above,

ii. Institute any appropriate action to abate such building as a public nuisance, or

iii. The police chief may enforce the order pursuant to the power granted in Section 8.04.040.

c. Failure to Commence Work. Whenever the required repair is not commenced within thirty (30) days after any final notice and order issued under this code becomes effective:

i. The city engineer shall cause the building described in such notice and order to be vacated by posting at each entrance thereto a notice reading:

DANGEROUS BUILDING

DO NOT OCCUPY

It is a misdemeanor to occupy this building, or to remove or deface this notice.

City Engineer

City of Nevada City

ii. No person shall occupy any building which has been posted as specified in this section. No person shall remove or deface any such notice so posted until the repairs, demolition or removal ordered by the city engineer have been completed and a certificate of occupancy issued pursuant to the provisions of the Building Code.

iii. The city engineer may, in addition to any other remedy herein provided, cause the building to be repaired to the extent necessary to correct the conditions which render the building dangerous as set forth in the notice and order. Any such repair shall be accomplished and the cost thereof paid and recovered in the manner hereinafter provided in this code.

2. Extension of Time to Perform Work. Upon receipt of an application from the person required to conform to the order and by agreement of such person to comply with the order if allowed additional time, the city engineer may grant an extension of time, not to exceed an additional one hundred twenty (120) days, within which to complete said repair or rehabilitation, if the city engineer determines that such an extension of time will not create or perpetuate a situation imminently dangerous to life or property. The city engineer's authority to extend time is limited to the physical repair or rehabilitation of the premises and will not in any way affect the time to appeal the notice and order.

3. Interference with Repair Work Prohibited. No person shall obstruct, impede or interfere with any officer, employee, contractor or authorized representative of this jurisdiction or with any person who owns or holds any estate or interest in any building which has been ordered repaired, vacated or demolished under the provisions of this code; or with any person to whom such building has been lawfully sold pursuant to the provisions of this code, whenever such officer, employee, contractor or authorized representative of this jurisdiction, person having an interest or estate in such building or structure, or purchaser is engaged in the work of repairing, vacating and repairing, or demolishing any such building, pursuant to the provisions of this code, or in performing any necessary act preliminary to or incidental to such work or authorized or directed pursuant to this code.

E. Performance of Work of Repair.

1. General.

a. Procedure. When any work of repair or demolition is to be done pursuant to the above subsection (D)(1)(c)(iii) of this section, the city engineer shall issue an order therefor to the director of public works and the work shall be accomplished by personnel of this jurisdiction or by private contract under the direction of said director. Plans and specifications therefor may be prepared by said director, or the director may employ such architectural and engineering assistance on a contract basis as deemed reasonably necessary. If any part of the work is to be accomplished by private contract, standard public works contractual procedures shall be followed.

b. Costs. The cost of such work shall be made a special assessment against the property involved, or may be made a personal obligation of the property owner, whichever the legislative body of this jurisdiction shall determine is appropriate.

F. Recovery of Cost of Repair.

1. Account of Expense, Filing of Report. The director of public works shall keep an itemized account of the expense incurred by this jurisdiction in the repair of any building done pursuant to the provisions of the ordinance codified in this section. Upon the completion of the work of repair, said director shall prepare and file with the clerk of this jurisdiction a report specifying the work done, the itemized and total cost of the work, a description of the real property upon which the building or structure is or was located, and the names and addresses of the persons entitled to notice pursuant to subsection (A)(1)(c) of this section.

2. Notice of Hearing. Upon receipt of said report, the clerk of this jurisdiction shall present it to the legislative body of this jurisdiction for consideration. The legislative body of this jurisdiction shall fix a time, date, and place for hearing said report and any protests or objectives thereto. The clerk of this jurisdiction shall cause notice of said hearing to be posted upon the property involved, published once in a newspaper of general circulation in this jurisdiction, and served by certified mail, postage prepaid, addressed to the owner of the property as the owner's name and address appears on the last equalized assessment roll of the county, if such so appears, or as known to the clerk. Such notice shall be given at least ten (10) days prior to the date set for the hearing and shall specify the day, hour, and place when the legislative body will hear and pass upon the director's report, together with any objections or protests which may be filed as hereinafter provided by any person interested in or affected by the proposed change.

3. Protests and Objections. Any person interested in or affected by the proposed charge may file written protests or objections with the clerk of this jurisdiction at any time prior to the time set for the hearing on the report of the director. Each such protest or objection must contain a description of the property in which the signer thereof is interested and the grounds of such protest or objection. The clerk of this jurisdiction shall endorse on every such protest or objection the date of receipt. The clerk shall present such protests or objections to the legislative body of this jurisdiction at the time set for the hearing, and no other protests or objections shall be considered.

4. Hearing of Protests. Upon the day and hour fixed for the hearing, the legislative body of this jurisdiction shall hear and pass upon the report of the director together with any such objections or protests. The legislative body may make such revision, correction or modification in the report or the charge as it may deem just; and when the legislative body is satisfied with the correctness of the charge, the report (as submitted or as revised, corrected or modified) together with the charge, shall be confirmed or rejected. The decision of the legislative body of this jurisdiction on the report and the charge, and on all protests or objections, shall be final and conclusive.

5. Personal Obligation or Special Assessment.

a. General. The legislative body of this jurisdiction may thereupon order that said charge shall be made a personal obligation of the property owner or assess said charge against the property involved.

b. Personal Obligation. If the legislative body of this jurisdiction orders that the charge shall be a personal obligation of the property owner, it shall direct the attorney for this jurisdiction to collect the same on behalf of this jurisdiction by use of all appropriate legal remedies.

c. Special Assessment. If the legislative body of this jurisdiction orders that the charge shall be assessed against the property, it shall confirm the assessment, cause the same to be recorded on the assessment roll, and thereafter said assessment shall constitute a special assessment against and a lien upon the property.

6. Contest. The validity of any assessment made under the provisions of this chapter shall not be contested in any action or proceeding unless the same is commenced within thirty (30) days after the assessment is placed upon the assessment roll as provided herein. Any appeal from a final judgment in such action or proceeding must be perfected within thirty (30) days after the entry of such judgment.

7. Authority for Installment Payment of Assessments with Interest. The legislative body of this jurisdiction, in its discretion, may determine that assessments in amounts of five hundred dollars ($500.00) or more shall be payable in not to exceed five (5) equal annual installments. The legislative body's determination to allow payment of such assessments in installments, the number of installments, whether they shall bear interest, and the rate thereof shall be by a resolution adopted prior to the confirmation of the assessment.

8. Lien of Assessment.

a. Priority. Immediately upon its being placed on the assessment roll, the assessment shall be deemed to be complete, the several amounts assessed shall be payable, and the assessments shall be liens against the lots or parcels of land assessed, respectively. The lien shall be subordinate to all existing special assessment liens previously imposed upon the same property and shall be paramount to all other liens except for state, county, and property taxes with which it shall be upon a parity. The lien shall continue until the assessment and all interest due and payable thereon are paid.

b. Interest. All such assessments remaining unpaid after thirty (30) days from the date of recording on the assessment roll shall become delinquent and shall bear interest at the rate of seven (7) percent per annum from and after said date.

9. Report to Assessor and Tax Collector—Addition of Assessment to Tax Bill. After confirmation of the report, certified copies of the assessment shall be given to the assessor and the tax collector for this jurisdiction, who shall add the amount of the assessment to the next regular tax bill levied against the parcel for municipal purposes.

10. Filing Copy of Report with County Auditor. If the county assessor and the county tax collector assess property and collect taxes for this jurisdiction, a certified copy of the assessment shall be filed with the county auditor on or before August 10th. The descriptions of the parcels reported shall be those used for the same parcels on the county assessor's map books for the current year.

11. Collection of Assessment—Penalties for Foreclosure.

a. The amount of the assessment shall be collected at the same time and in the same manner as ordinary property taxes are collected and shall be subject to the same penalties and procedure and sale in case of delinquency as provided for ordinary property taxes. All laws applicable to the levy, collection and enforcement of property taxes shall be applicable to such assessment.

b. If the legislative body of this jurisdiction has determined that the assessment shall be paid in installments, each installment and any interest thereon shall be collected in the same manner as ordinary property taxes in successive years. If any installment is delinquent, the amount thereof is subject to the same penalties and procedure for sale as provided for ordinary property taxes.

(Ord. 2004-02 § 4, 2004)

A. In case the person or persons creating, causing, committing or maintaining the nuisance or nuisances set forth in Section 8.04.020 except subsection G thereof, or the agent of any of the foregoing persons, shall neglect or refuse to comply with the terms of the notice to abate, then the chief of police shall have the power, and it shall be his duty to abate such nuisance, and to this end shall have the power to condemn and destroy any property constituting a nuisance if the nuisance cannot be abated without destruction of such property, and the expense of abatement shall constitute a lien against the property on which the nuisance is maintained and a personal obligation against the property owner. The lien shall be determined and enforced pursuant to the procedure set forth in the Section 8.04.035.

B. If the nuisance to be abated is being caused by a fowl or animal, the police department shall have the power and it shall be their duty to cause the fowl or animal to be impounded in the city pound. Any fowl or animal so impounded shall be subject to all the rules and regulations governing the impounding and disposition of fowl or animals as provided by the ordinances of the city. (Ord. 2004-02 § 5, 2004)

Any person or persons, firm, company or corporation violating any of the provisions of this chapter shall be guilty of a misdemeanor.

(Ord. 90-4 § 3 (part), 1990: Ord. 278 § 6, 1956)