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A person whose interest in real property is or may be affected by a public nuisance or a nuisance affecting the public, as defined in this code, may, in addition to other remedies provided by law, institute abatement proceedings to abate or remove the unlawful thing, substance, condition, activity or use. To maintain such an action, the person must show.

(a) The city manager, or the manager’s designee, has issued a written notice of violation;

(b) The city manager, or the manager’s designee, has made a written determination that, in the exercise of the manager’s discretion, the city does not then intend to initiate abatement proceedings.

(Section 6.115 added by Ordinance No. 19769, enacted April 22, 1991, effective May 22, 1991.)