6.105 Abatement Procedures – Separate from Penalty.
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The requirement to abate a nuisance is not a penalty for violating this code but is an additional remedy. Abatement proceedings and prosecution of a nuisance may occur simultaneously. The imposition of a penalty does not relieve a person responsible of the duty to abate the nuisance – however, abatement by a person responsible of a nuisance within 10 days of the date of notice to abate, or if a written protest has been filed, then abatement within 10 days of the hearings official’s determination that a nuisance exists, may be considered by the court in sentencing violators.