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(1) If the nuisance has not been abated by a person responsible within the time allowed, or where there exist off-site impacts resulting from unlawful erosion, the city manager, or the manager’s designee may cause the nuisance to be abated.

(2) The officer charged with abatement of the nuisance, or contractors acting under the direction of the officer shall have the right at reasonable times to enter into or upon property in accordance with law to investigate or cause the removal of a nuisance, including remedying the impacts from unlawful erosion.

(3) The finance officer shall keep an accurate record of the expense incurred by the city in physically abating the nuisance and shall include therein a reasonable charge for administrative overhead.

(4) Notwithstanding subsections (1) through (3) of this section, in the event the nuisance is based on section 6.010(n) of this code, and the unlawful erosion adversely impacted public property or other privately owned, off-site property, the city may elect to abate those off-site impacts without providing any opportunity for the person responsible to abate the problems. When the city takes such action, the city may assess the responsible party for the total cost of that abatement including administrative overhead.

(Section 6.090 amended by Ordinance No. 19393, enacted July 28, 1986, effective January 28, 1987; and Ordinance No. 20169, enacted September 27, 1999, effective October 27, 1999.)