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 Woodbine
 Code of Ordinances
 Chapter 22. NUISANCES
 Article II. ABATEMENT GENERALLY

  § 22-20. Proceedings to abate generally.  

Latest version.

  • Any nuisance existing within the corporate limits of the city, except for a nuisance hereinafter excepted, shall be abated in the manner set forth in this article.

    (1)

    Nuisance abatement initiation proceeding. Initiation proceeding to abate a nuisance, whether public or private, shall be initiated by the filing of a complaint with the city clerk, which such complaint shall state the nature and location of the nuisance and the name and address of the complainant. In the case of a private nuisance, the complaint shall be filed by the person injured by the nuisance; in the case of a public nuisance, the complaint shall be filed on behalf of the public by a city official or by a citizen specially injured by the nuisance.

    (2)

    Notice of hearing. Upon the filing of a complaint as provided in subsection (1) of this section, the city clerk shall issue a notice directed to the owner of the premises upon which the nuisance complained of is located and, if the person maintaining the same is a different person from the owner, then also to the person maintaining the nuisance, calling on such person to show cause, either personally or by attorney, at the time and place directed by the city clerk, why such activity alleged to be a nuisance should not be ordered, abated, and removed by the mayor and council. Such notice shall be served at least two days prior to the date set for the hearing by any code enforcement officer of the city, and shall be made either personally or by leaving a copy at the party's most notorious place of abode. A copy of such notice shall also be mailed to the complainant.

    (3)

    Order or abatement. If, after hearing all the evidence, the mayor and council should decide that the activity complained of is a nuisance, the mayor shall issue an order directed to the code enforcement officer, commanding that the nuisance be abated. A copy of such order of abatement shall be served on the party maintaining the nuisance.

    (4)

    Effect of noncompliance. In the event of a refusal to comply with the order of abatement issued by the mayor, the person maintaining the nuisance shall be subject to arrest for violation of state law.

(Code 1985, § 6-503)