§ 9.04.160. Emergency abatement.
A.
Whenever an authorized officer finds that a nuisance exists under this chapter, and places the public health, or safety or welfare in immediate danger, the officer may issue an emergency correction order, which shall comply with section 9.04.150, except that the emergency correction order shall:
1.
Allow a time less than 14 days, as is reasonable in the circumstances, to abate the nuisance;
2.
State that, if the nuisance remains unabated at the end of the reasonable time given, the authorized officer will cause abatement of the nuisance according to section 9.04.150 E.; and
3.
State that, due to the emergency need for abatement, a timely appeal, according to section 16.30.040, may be heard after abatement.
B.
Timely filing of an appeal from the emergency correction order shall not extend the time for abatement.
C.
If the nuisance remains unabated at the end of the reasonable time given, the authorized officer shall cause abatement of the nuisance according to section 9.04.150 E.
D.
If the master board of appeals, upon a timely and proper appeal, finds the correction order justified, but the time given for correction unreasonably short, in the circumstances, it may determine the amount the appellant would have reasonably incurred to abate the nuisance himself, if given a reasonable time, and that amount shall be the most the authorized officer shall certify and the most the city shall recover, as a charge and lien against the property.
E.
If the master board of appeals, upon a timely and proper appeal, finds the correction order unjustified, the authorized officer shall not certify and the city shall not recover abatement costs as a charge or lien against the property, and the city shall pay to the owner the reasonable amount of any damages caused by the city's abatement under the unjustified correction order, but not more than the fair market value of the property before the city's abatement activities.
(Code 1981, § 5-5-15; Code 1993, § 9.04.160; Ord. No. O-2007-86, § 10)