A. Abatement. Whenever any violation of this code poses an imminent threat to the health, safety, or welfare of persons or property, or to the environment, the director of the department of community development and public works, or designee, may summarily and without prior notice order the condition abated. The city, or its agents, may enter upon property and abate the condition to the extent necessary to remedy the immediate threat.

Actions taken to abate imminently dangerous violations may include but are not limited to repair, removal or demolition of the condition creating the danger and/or the restriction from use or occupancy of the property on which the dangerous condition exists or any other abatement action determined by the city to be necessary.

B. Notice. Whenever the director determines that summary abatement is justified the city shall attempt to provide notice to the property owner as to the violation and the need for immediate abatement. If the property owner cannot be located or the owner fails to take prompt appropriate action to abate the violation, the city may proceed to take abatement action authorized in this chapter without further notice or right to a prior hearing.

Regardless of any prior notice, the city shall provide written notice of such abatement to the person responsible for the violation as soon as reasonably possible after the abatement. If the person responsible for the violation is a tenant, notice of such abatement shall also be given to the landlord or owner of the property where the violation is occurring. In addition to the items listed in ACC 1.25.030(C)(1) through (4), the notice shall include the reason for the summary abatement, a description of the abatement, and the right to appeal the city’s action in the manner described for an appeal in ACC 8.12.080. The notice shall be served according to the service requirements of ACC 8.12.080.

C. Appeal. The abatement may be appealed in the manner described in ACC 8.12.080. No right of action shall lie against the city or its agents, officers, or employees for actions reasonably taken to prevent or cure any such immediate threats, or the failure to take such actions.

D. Cost Recovery. The necessary and reasonable charges and costs of summary abatement, including legal and administrative costs and charges, shall be collected according to ACC 8.12.080, unless the property owner, tenant, or person responsible for the violation prevails in an appeal. (Ord. 6615 § 2, 2016.)