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1. Whenever the officer charged with enforcement determines that a public nuisance is being maintained or exists on premises in the city, the officer shall notify in writing the owner or occupant of the premises of such fact and order that such nuisance be terminated or abated. The notice shall be served in person or by certified or registered mail. If the premises are not occupied and the owner is unknown, the notice may be served by posting it on the premises. The notice shall specify the steps to be taken to abate the nuisance and the time, not exceeding thirty (30) days, within which the nuisance is to be abated.
2. If the notice is not complied with within the time specified, the enforcing officer shall cause personal service of a notice of hearing upon the owner or occupant of the property at least seven (7) days prior to a scheduled hearing by the city council. In the event that personal service cannot be made, mailed and posted notice may be used; provided, that it is posted and mailed at least seven (7) days prior to the date of the hearing.
3. Thereafter, the council may, after notice to the owner or occupant and an opportunity to be heard, provide for abating the nuisance by the city.
4. The city council may by resolution adopt a notice of abatement, which shall set forth the nuisance to be abated and shall indicate a date and time on which the city will enter onto the property and abate the nuisance. The notice shall also notify the property owner that the costs of abatement will be billed to the property owner, and if not paid, will be assessed against the property. The notice of abatement shall be served upon the owner and/or occupant in person or by certified or registered mail at least seven (7) days prior to the proposed date for the city to abate the nuisance. If the premises is unoccupied or the owner and/or occupant cannot be served, notice may be posted upon the premises at least seven (7) days prior to the proposed abatement.
B. Emergency Abatement: When the officer charged with enforcement determines that a nuisance constitutes a serious and eminent danger to the public safety or health, the officer may summarily abate the nuisance after a reasonable attempt to notify the owner or occupant of the property. The officer shall immediately thereafter notify in writing the owner or occupant of the premises of the action taken. The notice shall be served in person or by registered or certified mail. (2005 Code)