15.05.110 - Hearing on involuntary abatement.

(a)

At the hearing, after the director of community development has presented evidence on the issue, any interested person may state his objections and protests and give evidence relative to the alleged public nuisance or the proposed abatement thereof.

(b)

After all such evidence is received and heard, the council shall determine the issue. If it finds and determines that the condition of the property constitutes a public nuisance and that the public nuisance requires abatement, the council may take such action as it may deem necessary therefor, including (but not by way of limitation) any of the following actions:

(1)

Allow abatement by means of reinstitution of lawful service station or other uses, including rehabilitation and repair if necessary, within a stated period of time; or

(2)

Order the nuisance to be abated by removal of the cause thereof, including, if necessary therefor, the demolition and removal of any or all structures situated on the property, the filling of all excavations, and the excavation and removal of all underground tanks and appurtenance; and

(3)

Revoke any permits or variances that authorized or otherwise pertained to the discontinued service station use.

(c)

If the council's order is made pursuant to subsection (b)(1) or (b)(2) of this section, the council may condition its order upon commencement of such abatement within such period of time as the council may find to be reasonable in the circumstances, and may order that, upon failure of such condition:

(1)

The director of community development shall abate the nuisance by awarding a contract for the work of abatement in the name of the city; or

(2)

That the city attorney commence an action to enjoin the nuisance.

(Ord. 229 (part), 1976).