07-06-2021 Nuisance AbatementNuisance Abatement Process
DRAFT
City Council Meeting
July 6, Zoai
Brian Davis
Community Development Director
Nuisance Defined
"Filthy, littered, trash -covered premises... which are a
fire hazard or a menace to the public health, safety, or
welfare" FW RC 7.03.
Nuisance Abatement
10-day warning letter
14-day order to cease activity
30-day appeal option
14-day compliance period after appeal
21-day judicial review option
Nuisance Abatement
For noncompliant property owners, cleanup typically
ranges 3-6 months
Some cases involving noncompliant properties end
up in court, creating further delay
Due Process
Due process values property rights and takes time
Example:
Property littered with junk, owner faced $300,000 in
unpaid fines, owner took city to court, court required
mediation, court waived fines and required owner to
clean up, property still littered today; original
compliant was in 2019
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Repeat Offenders
Many littered properties are cleaned, than littered
again —having the appearance of never being cleaned
Examples:
320th and 1st Ave S
Property behind 1st Ave S Library
Underbrush Clearing
Very effective for increasing visibility on a property
Brush and tree branches below seven feet above
ground and trees less than 12 feet tall coniferous or
3-inch caliper deciduous trees may be removed
without an approved clearing and grading permit
Removal of invasive and noxious vegetation is
allowed by hand in environmentally critical areas and
buffer areas
Code Compliance Success Rate
Code Compliance handles 3,633 complaints annually
99% of submitted nuisance complaints are opened
and closed within one month