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(1) Whenever a nuisance exists as defined in this chapter, the City may pursue by a suit in equity of the Superior Court of Franklin County to enjoin and abate the same in the manner provided by law; or it may elect to enforce the provisions of this chapter by uniform citation and/or complaint filed in the Pasco Municipal Court; or it may elect to abate the nuisance by following the provisions set forth below. Upon a third violation of any provision of this chapter, the City may seek a writ of abatement in Superior Court and authorization to abate the nuisance and may be awarded legal and abatement costs.

(2) It is the duty of the Director of Community and Economic Development for the City or his designee to notify in writing the owner or occupant of any lot, parcel or tract of land within the City upon which weeds, grass, vegetation, rubbish, debris or decomposing animal or vegetable matter has accumulated so as to become a fire hazard or injurious or detrimental to the public health or welfare and to create an unsightly or unsanitary condition, requesting the owner or occupant to remove the weeds, noxious weeds, grass, vegetation, rubbish, debris or decomposing animal or vegetable matter within the period of time specified in the notice. In case the owner of the premises, or the occupant thereof, or any other person or persons creating, causing or committing, or maintaining the same, should fail to remove the weeds, noxious weeds, grass, vegetation, rubbish, debris, or decomposing animal or vegetable matter or any other substance causing any fire hazard or creating an unsightly or unsanitary condition or condition injurious to the public health or welfare, within the specified period of time, then the City may proceed upon the premises and clean and level the premises and remove the weeds, noxious weeds, grass, vegetation, rubbish, debris or decomposing animal or vegetable matter, and the cost to the City for such cleaning, leveling, removal or destruction shall be at the expense of the owner or occupant of the property or against any other person or persons creating, causing or committing or maintaining the same, and such amount, together with the reasonable legal and administrative cost incurred by the City in relation thereto and for collection, shall be paid within 30 days of the billing date, and if not paid within such time period, to levy a special assessment on the land or premises where the nuisance is situated to defray the cost or to reimburse the City for the cost of abating the same. Notice of the lien shall be filed with the Franklin County Auditor.

(3) Whenever in any action brought in the Pasco Municipal Court it is established that a nuisance exists as defined in this chapter, the Court shall, together with the fine imposed, if any, enter an order of abatement as part of the judgment in the case, which order shall direct either:

(a) That such nuisance be abated or removed by the defendant within a time limited by the Court, and not exceeding 30 days; or

(b) That the nuisance may be abated by the City at the cost of the defendant. [Ord. 4304, 2016; Ord. 2519 § 1, 1984; Ord. 2459 § 1, 1983; Ord. 2450 § 1, 1983; Ord. 1894 § 2, 1977; Code 1970 § 9.60.090; Code 1954 § 10-4.36.]