5A Consent - Laserfiche WebLink

Home

A person violating the chapter may be subject to civil penalties, administrative citations, abatement pursuant to this Chapter, or injunctive or other judicial relief, in addition to any other remedy available to the City. § 4-19-240 AUTHORITY FOR ENTRY The Enforcement Official or their authorized deputies or representatives may, with the consent of the occupant of a vessel, or, as to an unoccupied vessel, with the consent of the owner, or pursuant to a lawfully issued warrant or valid Court order, enter any vessel at any reasonable time to perform any duty imposed by this Chapter. § 4-19-250 ORDER TO ABATE a) When an Enforcement Official determines that a vessel constitutes a public nuisance, the Enforcement Official shall notify the responsible person(s) that the Enforcement Official has determined that a public nuisance exists and order the nuisance abated. b) The notice and order to abate shall contain the following: 1. A description sufficient to identify the nuisance vessel. 2. A statement that the Enforcement Official has determined pursuant to this Chapter that the responsible person(s) is operating a vessel in violation of this Chapter and that the vessel constitutes a public nuisance. 3. A statement ordering the responsible person(s) to abate the public nuisance condition, and specifying the manner in which the same shall be abated, and the period within which such abatement shall be accomplished. 4. A statement advising that if the work to abate the nuisance is not commenced within the time specified, and diligently pursued until completion, the City may proceed to abate the nuisance and charge the costs thereof against the responsible person(s), and that such remedy shall be in addition to any other rights, remedies, or actions available to the City by reason of the same violation as described in the notice and order. 5. A statement indicating whether the City has elected to seek, as a part of abatement costs, reasonable attorneys' fees incurred in abating the nuisance. Such notice shall also state that if the City elects to seek reasonable attorneys' fees, the prevailing party may be entitled to seek reimbursement of reasonable and necessarily incurred attorneys' fees, provided any such fees awarded against the City shall not exceed the amount of reasonable attorneys' fees incurred by the City. 6. A statement advising the responsible person(s) of the right to appeal the notice and order to abate pursuant to Section 4-19-290; that such appeal must be filed with fourteen (14) calendar days from the date of service of the notice and order; and that failure to appear will constitute a waiver of all rights to an appeal and hearing to contest the determination of the nuisance and required abatement. The City may charge appellate fees as outlined in the master fees schedule. c) The notice and order shall be served on the responsible person(s) in one (1) or more of the following ways: 1. Any method set forth in Subsection 1-12-410 of this Code; or