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5A Consent
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5A Consent
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9/16/2025 10:02:00 AM
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CM City Clerk-City Council
Document Date (6)
7/21/2025
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2. A statement that the Enforcement Official has determined pursuant to this Chapter <br />that the responsible person(s) is operating a vessel in violation of this Chapter and <br />that the vessel constitutes a public nuisance. <br />3. A statement ordering the responsible person(s) to abate the public nuisance <br />condition, and specifying the manner in which the same shall be abated, and the <br />period within which such abatement shall be accomplished. <br />4. A statement advising that if the work to abate the nuisance is not commenced <br />within the time specified, and diligently pursued until completion, the City may <br />proceed to abate the nuisance and charge the costs thereof against the responsible <br />person(s), and that such remedy shall be in addition to any other rights, remedies, <br />or actions available to the City by reason of the same violation as described in the <br />notice and order. <br />5. A statement indicating whether the City has elected to seek, as a part of abatement <br />costs, reasonable attorneys' fees incurred in abating the nuisance. Such notice <br />shall also state that if the City elects to seek reasonable attorneys' fees, the <br />prevailing party may be entitled to seek reimbursement of reasonable and <br />necessarily incurred attorneys' fees, provided any such fees awarded against the <br />City shall not exceed the amount of reasonable attorneys' fees incurred by the City. <br />6. A statement advising the responsible person(s) of the right to appeal the notice and <br />order to abate pursuant to Section 4-19-290; that such appeal must be filed with <br />fourteen (14) calendar days from the date of service of the notice and order; and <br />that failure to appear will constitute a waiver of all rights to an appeal and hearing to <br />contest the determination of the nuisance and required abatement. The City may <br />charge appellate fees as outlined in the master fees schedule. <br />c) The notice and order shall be served on the responsible person(s) in one (1) or more of <br />the following ways: <br />1. Any method set forth in Subsection 1-12-410 of this Code; or <br />2. Where service pursuant to Subsection 1-12-410 cannot be made despite a diligent <br />effort, a copy of the notice and order shall be conspicuously posted on the nuisance <br />vessel. <br />d) It is unlawful for the responsible person(s) to fail or neglect to comply with such notice <br />and order of abatement. In the event that the responsible person(s) does not promptly <br />proceed to abate said nuisance condition, as ordered by the Enforcement Official, the <br />City may pursue abatement pursuant to this Chapter. <br />§ 4-19-260 AUTHORIZATION TO PROCEED WITH ABATEMENT <br />a) If an appeal of the notice and order to abate the nuisance is not timely filed pursuant to <br />Section 4-19-290, or if the Enforcement Officer has upheld the determination of nuisance <br />and proposed abatement, or for abatement of a nuisance pursuant to Section 4-19-250, the <br />Enforcement Official is authorized to cause the nuisance to be abated, subject to the <br />provisions of this Section. <br />b) The abatement work may be performed by the City's own employees or by independent <br />contractors, or any combination thereof. Prior to commencement of the abatement work by
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