§ 14-38. Civil action to abate a public nuisance.

(a)

Unless a specific provision of this Code states otherwise, when a public nuisance does not require summary abatement, the city manager may prepare and serve a notice to abate on the owner, manager, occupant or possessor of any property which constitutes a public nuisance or the person conducting or maintaining the business, occupation, operation, or activity which constitutes the public nuisance. Such notice shall:

(1)

State that if the nuisance is not abated within seven (7) days an action may be brought in the municipal court to abate the nuisance and that the costs of abatement, plus ten (10) percent of such costs for inspection, and other administrative costs, may be assessed against the person found by the court to have caused or allowed to continue the public nuisance and may become a lien upon any property on which the abatement was performed;

(2)

Be served either personally or by means of posting on the premises upon which the nuisance exists. If notice is served by posting, a copy of the notice shall also be mailed by certified mail, return receipt requested, to the owner of record of the property at the address shown in the records of the county assessor.

(b)

When a public nuisance has not been voluntarily abated within the time specified in the notice to abate, the following procedure shall apply:

(1)

The city attorney may bring an action in the municipal court to have the nuisance declared as such by the court and for an order enjoining the public nuisance or authorizing its restraint, removal, termination or abatement by the owner or the person who caused the nuisance or the person who allowed the nuisance to be caused or to continue, or the city manager, his authorized representative, or any person employed by him to perform such services.

(2)

The action to declare and abate a public nuisance shall be brought by the city attorney in the name of the people of the city, by the filing of a complaint, which shall be verified or supported by an affidavit. Summons shall be issued and served as in civil cases, and any employee of the city who is over the age of eighteen (18) may serve the summons and verified complaint upon the respondent. Trial shall be to the court.

a.

A notice of appearance shall be served with the summons and complaint. The appearance date shall be not less than twenty-one (21) days from the date of service of the summons and complaint. The trial shall be held upon the appearance date, unless the municipal judge grants a continuance for good cause.

b.

The respondent shall file a response on or before the appearance date set forth in the notice of appearance.

c.

Upon the date and at the time set for appearance and trial, if the respondent has filed no response or fails to appear and if the city proves that proper service was made on the respondent at least twenty-one (21) days prior to appearance date, the municipal judge may grant such orders as are requested by the city attorney in the complaint; except that the municipal judge shall order that enforcement by the city be stayed for ten (10) days and that a copy of the municipal judge's order be mailed to the respondent at his last known address. Failure to appear on any other date set for trial shall be grounds for entering a default and judgment thereon against a nonappearing party. For good cause shown, and prior to enforcement, the municipal judge may set aside an entry of default and judgment entered thereon.

(3)

The judgment of the municipal court may be appealed to the district court.

(c)

The remedies and action specified in this section shall be in addition to all other remedies and actions provided by law.

(d)

A person found by the municipal judge to have caused a public nuisance or allowed the nuisance to be caused or to continue shall be liable for the costs specified in subsection (a) of this section. Such costs may be collected by the city in a civil action or assessed and filed as a lien against any property on which the abatement was performed.

Cross reference

Nuisances, ch. 15.