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91.8904.1.2 Abatement by the City. (Amended by Ord. No. 171,400, Eff. 12/20/96.)

In the event the nuisance, including graffiti, is not removed or otherwise eliminated or abated by the date specified in the notice, the City, or its contractor, may enter upon the parcel and remove or eliminate the nuisance. Abatement may be accomplished by contract or work order and may be performed by a private contractor submitting a competitive sealed bid, a public entity performing under a Memorandum of Understanding or by means of an Annual Awarded Contract.

For the purposes of this section, an Annual Awarded Contract shall mean one or more 12-month contracts awarded by the Department after competitive bidding. The contracts may be based upon both stipulated prices and unit cost for the fencing of vacant or vacated property; for removal of graffiti visible from a public street or alley; for draining swimming pools; for the securing of vacant buildings open to unauthorized entry; for the removal of debris, rubbish, excessive vegetation or similar nuisance conditions on property containing a vacant building, when and as directed by the Department by means of a work order. No work order shall be executed except in conjunction with the necessary contract or contracts.

If abatement is performed by a City department other than the Department of Building and Safety, that department shall bill the owner for the cost of removal, or other elimination or abatement of the nuisance, including administrative costs. An itemized written report showing the date and cost of abatement work done by the City or its contractor, together with a proposed assessment with respect to the parcel involved, shall be submitted to the Department. Payment for the cost of abatement and recovery of the cost from the property owner shall be pursuant to Section 91.8906 of this Code.

If the building again becomes open to unauthorized entry, or graffiti is again visible from a public street or alley, or the building.s premises or vacant parcel again contain debris, rubbish, excessive vegetation or other similar nuisance conditions, the Department may, upon 3 days notice to the owner, execute a contract or work order to have the required work performed by one of the methods provided by this section. The cost of performing the work may be paid from the .Repair and Demolition Fund. as established in Section 91.8906 of this Code. Further, the provisions of Sections 91.8903.4, 91.8903.5 and 91.8903.6 shall apply to this section.

The above abatement procedures are in addition to any other remedy the Department may choose to pursue to eliminate the nuisance conditions

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