The City's current Nuisance Code, codified at BMCC Article 18-300, was enacted in 2004. As cited in the “Purpose” section, this article was intended to “control conditions in the city that constitute public nuisances, are injurious to public health, safety and welfare, obstruct the free use of property or interfere with the comfortable enjoyment of life or property and to provide for the abatement of such nuisances, to protect the public health, safety and welfare and to promote the economic development of the city….” The Nuisance Code prohibits specific offenses and provides for criminal penalties for violations thereof, and also provides a civil procedure by which the City could seek a Court Order authorizing abatement of a nuisance property when the property owners fail to act or cannot be located. The attached ordinance clarifies the criminal penalties and civil remedies provided for in this article, cleans up some ambiguous and inconsistent language, provides a more specific definition of Nuisance, and fortifies the ability of the City to act in emergency abatement situations where the property owner is unwilling to act or cannot be located. The ordinance also provides alternative methods of service for the 10-day notice which is a pre-requisite to commencing a civil action against a property owner who violates this article. This item was presented and discussed at a Council Work Session on April 15, 2013, at which time the Council directed staff to proceed to 1st Reading. At 1st reading on May 13th, the Council approved the attached ordinance by unanimous vote.

Approve the ordinance as amended or disapprove the ordinance amendments.

There is no anticipated cost to the City to enact this ordinance. There may be some cost savings to Code Enforcement for certified mailings and staff time expended trying to serve citations on violators.

Staff recommends that the City Council approve  the attached ordinance on Second Reading.