(A) Whenever, in the judgment of the officer charged with enforcement, it is determined upon investigation that a public nuisance is being maintained or exists within the city, such officer shall notify in writing the person committing or maintaining such nuisance and require him or her to terminate and abate said nuisance and to remove such conditions or remedy such defects. Said written notice or citation shall be served upon the person committing or maintaining said nuisance in person or by registered mail. If the premises are not occupied and the address of the owner is unknown, service on the owner may be had by posting a copy of the notice on the premises. Said notice or citations shall require the owner or occupant of such premises, or both, to take reasonable steps within a reasonable time to abate and remove said nuisance, said steps and time to be designated in said notice or citations, but the maximum time for the removal of said nuisance after service of said notice or citation shall not in any event exceed 30 days. In the case of tall grass, the maximum time for removal shall not exceed 72 hours. Service of a notice may be provided by filing an affidavit of service with the City Clerk setting forth the manner and time thereof. Service of a citation may be proved by filing a copy of the citation with the City Clerk setting forth the manner and time of the service thereof.
(B) When a notice related to the removal of tall grass is given, the owner shall have 72 hours to appeal the notice to the City Council. If no appeal is taken, the city shall abate the nuisance forthwith and the cost incurred in the abatement, together with the administrative fee described in division (D), shall become an assessment against the property upon which the nuisance existed and the City Administrator shall certify the same to the County Auditor for collection in the same manner as taxes and special assessments are certified and collected. If an appeal is taken, the City Council shall hold a hearing as soon as practicable and order whether the notice shall be complied with, modified or annulled. If the notice is ordered complied with or modified, such action shall be taken within 24 hours by the person receiving the notice. If the person does not abate the nuisance within 24 hours, the city shall as provided for herein as if an appeal were not taken.
(Ord. 400, passed 9-7-2021)