Code Enforcement Process

 

Please see the flow chart below for an overview of how the enforcement process works. More detailed information follows that graphic, click here to jump ahead.

 

 

 

** Subject to Code Compliance Department discretion 


 

The process begins when citizens and/or city officials make a complaint regarding a property with a nuisance. A Community Development Code Compliance Officer investigates the complaint. If there is a violation of city or state code, the property owner is notified by mail. The nuisance will be rectified by one or more of the following:
  1. Voluntary Compliance
  2. Judicial Process
  3. Administrative Abatement

 

1. Voluntary Compliance

The Community Development Department will close a code enforcement case if the owner rectifies all of the violations on the property within the given timeframe.

 

2. Judicial Process

If the violations are not voluntarily corrected, the owner of the property will be served a citation. A citation will be served every day until the violation is corrected. There are four classes of Civil Violations: Class A is $500, Class B is $250, Class C is $100 and  Class D is $50 (see code section below). Additionally, the judicial process can coincide with Administrative Abatement. The Code Compliance Department will close a case if the owner rectifies all of the violations on the property.

 

5.360 Penalties

  1. Any person or persons who shall be found to be an owner and/or a person in charge of property for a nuisance, or otherwise guilty of a violation of any of the provisions of the Nuisance Code shall be subject to the penalty provisions set forth herein.
  2. All persons responsible shall be liable for any injuries resulting from a violation of this Nuisance Code.
  3. Any violations of Sections 5.327 through 5.365 shall be deemed a Class B Civil Infraction and/or a Class B administrative infraction.

 

 

3. Administrative Abatement

If the owner of the property refuses to rectify the violation, the property will be posted directing the owner to abate the nuisances. Additionally, a letter will be sent through certified mail informing the owner of the nuisances and what corrective measures need to be taken. The city may abate the nuisance and the cost of abatement will be charged to the person responsible. This charge may become a lien on the property if not paid in full.

 

5.342 Summary Abatement

The procedure provided by Sections 5.325 to 5.340 is not exclusive, but is in addition to procedures provided by other sections of the code. The Chief of the Fire Department, the Fire Marshal, the Police Chief, the Planning Director, the Manager or any other City Official may proceed summarily to abate a health or other nuisance which unmistakably exists and which imminently endangers health or property. The cost of the summary abatement shall be paid by the property owner and shall be a lien on the property where the nuisance was abated.