§ 22.03. ABATEMENT OF NUISANCE.
(a)
Voluntary Abatement.
1.
Whenever any officer or employee of the City of Cedar Rapids or the Board of Health determines that a nuisance exists as defined by any ordinance of the City of Cedar Rapids, or provision of the Code of Iowa, such officer or employee may contact the person believed to be responsible ("person responsible") for the nuisance, and where possible explain the nuisance, and request correction.
2.
A voluntary correction agreement may be entered into between the person responsible for the nuisance and the city, acting through the particular officer or employee. Such voluntary agreement shall be a written contract between the city and the person responsible under which the person responsible agrees to abate the nuisance in a specified manner, in a specified time, and according to any specified conditions. The voluntary correction agreement shall include the following:
A.
The name and address of the person responsible for the nuisance; and
B.
The street address or description sufficient for identification of the building, structure, premises, or land upon or within which the nuisance exists or is occurring; and,
C.
A description of the nuisance including the section or sections of the city or State Code, and the relevant facts which establishes that the nuisance exists or is occurring; and,
D.
The necessary corrective action to be taken, and a date or time by which correction must be completed; and,
E.
An agreement by the person responsible for the nuisance that the city, Board of Health, or their officers, employees, and agents may enter onto and inspect the premises as may be reasonable and necessary to determine compliance with the voluntary correction agreement; and,
F.
An agreement that by entering into the voluntary correction agreement the person responsible for the nuisance acknowledges the existence of the nuisance and waives the right to an administrative hearing as set forth hereinbelow; and
G.
An agreement that by entering into the voluntary correction agreement the person responsible for the nuisance consents that should the terms and conditions of the voluntary correction agreement not be met and the nuisance continues to exist or occur, that the person responsible consents that the city may enter onto the premises and do all things necessary to abate the nuisance, and that the costs, including incidental expenses, of correcting the nuisance shall be billed to the person responsible for the nuisance, and that should such costs remain unpaid for a period of 30 days that as an additional measure, the costs may be assessed against the property for a collection in the same manner as a real property tax.
3.
The city may extend the time limit for correction or a modification of the required corrective action may be granted by the respective officer or employee if the person responsible for the nuisance has shown due diligence and/or substantial progress in abating the nuisance but unforeseen circumstances render abatement under the original conditions unattainable.
4.
The city may abate the nuisance in accordance with Section 22.03(d) if the terms of the voluntary correction agreement are not met.
(b)
Involuntary Abatement.
1.
Whenever any officer or employee of the City of Cedar Rapids or the Board of Health determines that a nuisance exists as defined by any ordinance of the City of Cedar Rapids, or provision of the Code of Iowa, and is unable, or chooses not, to obtain voluntary correction, such officer or employee may issue a notice of abatement to the person responsible for the nuisance. The notice of abatement may be issued without having attempted to secure voluntary correction. The notice of abatement shall include the following information:
A.
The name and address of the person responsible for the nuisance; and
B.
The street address or description sufficient for identification of the building, structure, premises, or land upon or within which the nuisance exists or is occurring; and
C.
A description of the nuisance including the section or sections of the city or State Code, and the relevant facts which establishes that the nuisance exists or is occurring; and
D.
The necessary corrective action to be taken, and a date or time by which correction must be completed after which the city may abate the nuisance as allowed herein; and
E.
The date, time, and location of an administrative hearing before a hearing examiner which shall be scheduled not less than 10 days, and no more than 30 days from the date the notice of abatement is issued; and
F.
A statement indicating that the hearing will be canceled if the officer or employee approves the completed, required corrective action at least 48 hours prior to the scheduled hearing; and
G.
A statement that, should the hearing examiner determine that a nuisance exists and the city proceeds to abate it, that the costs and expenses of abatement incurred by the city may be charged to the responsible person, and/or assessed against the property.
2.
The officer or employee shall serve the notice of abatement upon the person to whom it is issued, either personally or by mailing, certified return receipt requested, a copy of the notice of abatement to such person at the person's last known address. If the person to whom the notice is issued cannot after due diligence be personally served, and if an address for mailed service cannot after due diligence be ascertained, the notice shall be served by posting a copy of the notice of abatement conspicuously on the affected property or structure. Proof of service shall be made by a written declaration by the person affecting service of the time and date of service, the manner by which the service was made, and if by posting, the facts showing that due diligence was used in attempting to serve the person personally or by mail.
3.
Administrative hearings provided herein shall include the following:
A.
A person to whom a notice of abatement is issued shall receive notice of the date, time and location of the hearing before the Hearing Examiner, which hearing shall be scheduled not less than 10 and no more than 30 calendar days from the date the notice of abatement is issued.
B.
The Hearing Examiner shall be a person appointed by the Mayor and approved by resolution of the Cedar Rapids City Council.
C.
The hearing will be canceled if the officer or employee approves the completed required corrective action at least 48 hours prior to the scheduled hearing.
D.
The Hearing Examiner shall conduct a hearing on the notice of abatement. The officer or employee and the person to whom the notice of abatement was issued are parties to the hearing and each may testify, call witnesses and offer evidence and argument relevant to the issues described by or contained within the notice of abatement. The city shall have the burden of proof to demonstrate by a preponderance of the evidence that a nuisance exists and that the required corrective action is reasonable. The determination of the officer or employee as to the need for the required corrective action shall be accorded substantial weight by the Hearing Examiner in determining the reasonableness of the corrective action.
E.
The Hearing Examiner shall determine whether the city has established by a preponderance of the evidence that a nuisance exists, and that the required correction is reasonable. The Hearing Examiner shall affirm, vacate or modify the city's decision regarding the alleged nuisance and/or the required corrective action, with or without written conditions.
F.
The Hearing Examiner shall issue a decision and order to the person responsible for the nuisance which contains the following information:
1.
The decision and order regarding the alleged nuisance including findings of fact and conclusions based thereon in support of the decision and order;
2.
The required corrective action;
3.
The date and time by which the correction must be completed;
4.
The date and time after which the city may proceed with abatement of the nuisance if the required correction is not completed;
5.
That the costs of the abatement may be assessed against the property for collection in the same manner as a property tax.
G.
The Hearing Examiner shall mail a copy of the decision and order to the last known address of the person to whom the notice of abatement was issued and to the officer or employee within 10 working days of the close of the hearing. If the person to whom the decision and order is issued cannot after due diligence be personally served and if an address for mailing cannot after due diligence be ascertained, a copy of the decision and order shall be posted conspicuously on the affected property or structure.
H.
If the person to whom the notice of abatement was issued fails to appear at the scheduled hearing, the Hearing Examiner may, upon an offer of proof made by the officer or employee, enter a decision and order finding that the nuisance is occurring and directing any action that might have been taken as if the person responsible had appeared. The city will carry out the Hearing Examiner's decision and order and recover all related expenses, plus the cost of the hearing from the person responsible.
(c)
Other Remedies Not Precluded. Nothing in this chapter shall in any way prevent or preclude the city from taking any other steps or actions to abate nuisances including legal action, municipal infractions, or misdemeanor prosecutions.
(d)
Abatement by City. Whenever the city or Board of Health abates a nuisance, officers, employees, or agents of the city or Board of Health may enter upon the subject property, using any lawful means, and may remove or correct the condition which is subject to abatement. The city may seek such judicial process as it deems necessary to effect the removal or correction of such condition. The costs of abating the nuisance shall be billed to the person responsible for the nuisance and/or the owner, lessor, tenant or other person entitled to control, use and/or occupy the property and shall become due and payable to the city with 10 calendar days. Included as costs recoverable are personnel costs, hauling, storage and disposal expenses, actual expenses and costs of preparing and publishing notices, costs of any required service, and any other costs recoverable by law. If such costs remain unpaid, they shall be assessed against the real property and collected in the same manner as a real property tax.
(45-00)