(A) Contents of notice. A notice to abate a public nuisance issued by an enforcing officer shall consist of the following:
(1) A description of the public nuisance on the premises;
(2) Instructions for abating the public nuisance;
(3) A warning that if the public nuisance is not cured or abated within ten days, the city will abate it without further notice; and
(4) Instructions for appealing the enforcing officer’s finding of a public nuisance.
(B) Service of notice. Notice to abate a public nuisance shall be served on the owner, occupant or agent in charge of the premises. If service cannot be made within the city, a copy of the notice will be posted on the premises and published once either by posting in six public places or by printing in a newspaper of general circulation.
(C) Appealing a notice.
(1) Within ten days of receipt of an enforcing officer’s notice, the recipient may file a written appeal of the notice with the City Clerk, at which time the City Clerk shall:
(a) Notify the enforcing officer to stay all abatement actions;
(b) Fix a date for a quasi-judicial hearing before the Planning and Zoning Commission; and
(c) Issue notice via U.S. certified mail of the date, time, place and subject matter of the quasi-judicial hearing to the appellant, the enforcing officer and the property owners within 100 feet of the premises where the alleged public nuisance is located.
(2) (a) At the quasi-judicial hearing before the Planning and Zoning Commission, the Commission shall:
1. Consider all relevant evidence to determine whether a public nuisance exists on the premises; and
2. Issue a final determination as to the existence of a public nuisance that should be abated.
(b) The determination of the Planning and Zoning Commission on the existence of a public nuisance shall be the final determination of the city.
(3) Any person aggrieved by the determination of the Planning and Zoning Commission may appeal to the District Court.
(Ord. 2022-005, passed 10-19-2022)