Nuisance abatement board

(a)

Created; membership; terms; compensation.

(1)

The code enforcement board is hereby designated and established as the nuisance abatement board (the "board").

(2)

The terms of office of the board members shall coincide with the terms of office of the code enforcement board members.

(3)

Members shall serve without compensation but may be reimbursed for such travel, mileage, and per diem expenses as may be authorized by the city manager.

(b)

Hearings; administrative staff support; board case files, documents.

(1)

The chairperson of the board may call hearings of the board. Hearings may also be called by written notice signed by at least three members of the board. The clerk of the board may also set future hearing dates. The board shall attempt to convene no less than once every month but may meet more than once every month as the board may deem necessary as provided herein. Minutes shall be kept of all hearings and all hearings shall be open to the public. The board may rely on advice from independent legal counsel who shall be appointed by the city attorney. The city commission, by and through the city manager shall provide all necessary clerical and administrative staff support to the board, including space and necessary expenses which may be reasonably required by the board for the proper performance of its duties.

(2)

The city manager shall designate clerical and administrative personnel as may be reasonably required for the proper performance of the board's duties. The clerk so designated in writing by the city manager shall be the custodian of all board case files and documents pertaining thereto and shall have the authority to certify orders and other documents issued by the board; the clerk shall adopt and use an official seal for this purpose; the clerk is also empowered to administer an oath to witnesses appearing before said board and to issue subpoenas in the name of the board for service of process by any city police officer.

(3)

The city attorney or designee thereof shall represent the city as prosecutor and present cases before the board, and shall not therefore act as counsel for the board.

(4)

In the event that the city owns or operates a building, place or premises which is the subject of a nuisance complaint, the law department shall prosecute the complaint and the city attorney must receive commission approval to retain independent counsel to defend in the city's defense.

(Ord. No. 10883, § 1, 5-9-91; Ord. No. 10990, § 2, 6-11-92; Ord. No. 11130, § 15, 3-24-94; Ord. No. 11189, § 5, 10-27-94; Code 1980, § 45.5-2; Ord. No. 11373, § 10, 6-27-96; Ord. No. 11564, § 17, 10-28-97; Ord. No. 13349, § 2, 11-15-12)