1.20.220 City abatement.
A. Abatement. Upon prior approval by the code enforcement officer, the city may abate a condition which was caused by or continues to be a civil violation when:
1. The terms of the VCA pursuant to this chapter have not been met; or
2. A notice and order or stop work order has been issued, the period for filing an appeal with the hearing examiner has expired, and the required correction has not been completed; or
3. A notice and order or stop work order has been issued, a timely appeal was filed, the appellant failed to appear at the scheduled hearing or a hearing was held as provided in this chapter and the required correction has not been completed by the date specified by an order of the hearing examiner; or
4. The condition is subject to summary abatement as provided for in this chapter or other provisions of city or state law.
B. Summary Abatement. When a code violation causes a condition, the continued existence of which constitutes an immediate and emergent threat to the public health, safety, or welfare or to the environment, the city may summarily, and without prior notice to the person responsible, abate the condition. Notice of such abatement, including the reason for it, shall be given to the person responsible for the violation as soon as reasonably possible after the abatement.
C. Authorized Action by the City. Using any lawful means, the city may enter upon the subject property and may remove or correct the condition which is subject to abatement. The city may seek judicial process as it deems necessary to affect the removal or correction of such condition.
D. No Cause of Action Against City. No cause of action shall lie against the city or its agents, officers, or employees for actions reasonably taken, or not taken, to prevent or cure any immediate threats.
E. Recovery of Expenses. All expenses and costs as set forth in EMC 1.20.180 incurred by the city in abating the violation shall be billed to the person responsible for the violation and shall become due and payable to the city within thirty calendar days. (Ord. 3901-22 § 2 (Exh. A), 2022.)