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This section may apply whenever the city determines that a nuisance exists. Although the city's first step in correcting or abating the nuisance may be to obtain voluntary compliance, the city may pursue any remedy or combination of remedies available pursuant to this chapter, state law or common law in order to abate the nuisance. Nothing in this section shall be interpreted to prohibit the city from engaging in its standard prosecution practices. Therefore, the city may prosecute violators of city ordinances or state laws without first having to comply with the provisions of this chapter, even though the activity or conduct prosecuted may also constitute a nuisance under this chapter. Nothing in this chapter shall be interpreted to prevent the city from enforcing applicable city ordinances, or building codes, without first treating the offending conduct, situation or activity as a nuisance pursuant to this chapter. A.
Contact: One of the options available before taking other steps to abate the nuisance, the city may make a reasonable attempt to secure voluntary correction or abatement of the nuisance by:
1.
Contacting the responsible person, where possible;
2.
Explaining the nuisance;
3.
Requesting the responsible person to abate the nuisance; and
4.
Agreeing to terms with the responsible person to abate the nuisance, in writing signed by both parties.
5.
Issue a "fix-it" citation as prescribed in subsection 1-4-4F of this code.
B.
No Agreement: If the city and the responsible person cannot agree to terms for correcting or abating the nuisance, the city may still abate the nuisance using one or more of the procedures set forth in this chapter, state law, or common law.
C.
Voluntary Correction Agreement: If the city and the responsible person agree to terms for abating the nuisance, they shall enter into and sign a voluntary correction agreement. The voluntary correction agreement is a contract between the city and the responsible person in which the responsible person agrees to abate the nuisance within a specified time and according to specified conditions. The voluntary correction agreement shall include the following terms:
1.
The name and address of the responsible person;
2.
The street address of the nuisance, or a description sufficient to identify the building, structure, premises, or land upon or within which the nuisance is occurring;
3.
A description of the nuisance;
4.
The necessary corrective action to be taken, and a date or time by which correction must be completed;
5.
An agreement by the responsible person that the city may inspect the premises as necessary to determine compliance with the voluntary correction agreement;
6.
An agreement by the responsible person that the city may abate the nuisance and recover its costs and expenses to abate the nuisance, as well as a monetary fine pursuant to this chapter from the responsible person, if terms of the voluntary correction agreement are not met;
7.
An agreement by the responsible person acknowledging that he/she waives the right to appeal the city's finding that a nuisance exists and waives the right to appeal the specific corrective action required in the voluntary correction agreement; and
8.
An agreement by the responsible person that failure to comply with the voluntary correction agreement may be grounds for criminal prosecution.
9.
If a voluntary correction agreement has been entered into between the city and this responsible party, within the previous twenty-four (24) months, the city may, but is not required to, enter into another voluntary correction agreement but may exercise any options available to the city to abate the nuisance such as issue an administrative citation as described in section 4-5-9 of this chapter or a fix-it citation as prescribed in subsection 1-4-4F of this code.
10.
It shall be the obligation of the responsible person to notify the city to sign off on the voluntary correction agreement when the work is completed prior to the date of expiration or the voluntary correction agreement expires. Failure to do so will become an administrative citation in the Riverdale justice court.
The city may grant an extension of the time limit for correcting or abating the nuisance if the responsible person has shown due diligence and/or substantial progress in correcting or abating the nuisance but unforeseen circumstances render abatement under the original conditions unattainable. If the responsible person complies with the terms of the voluntary correction agreement, the city shall take no further action against the responsible person related to the nuisance described in the voluntary correction agreement unless the nuisance recurs.
(Ord. 780, 3-15-2011)