§ 92.20 NOTICE TO ABATE; WHEN NOTICE NOT REQUIRED.

   (A)   Notice to abate. Whenever the presence of any nuisance shall come to the attention of the City Council, the Council shall cause written notice to abate or correct the nuisance to be given to the owner or person causing or allowing the same. The notice shall effectively describe the problem, the required remedy, and shall state the reasonable time, depending on the severity or emergency of the situation, within which the nuisance shall be abate. Service of the notice shall be in a manner to reasonably assure delivery.

(Prior Code, § 3.0708)

   (B)   When notice not required.

      (1)   Notice to abate any nuisance shall not be required in the following circumstances:

         (a)   When the nuisance event or condition is of such a serious or emergency nature that immediate abatement is necessary to prevent human injury or disease;

         (b)   When the owner or person causing or allowing the nuisance is unknown or cannot be located using reasonable means of attempted identity or location.

      (2)   Lack of notice shall not relieve the owner or person causing or allowing the nuisance from being liable for such nuisance and the cost of abating the same.

(Prior Code, § 3.0709)

§ 92.21 FAILURE TO COMPLY.

   Any person failing to comply with a notice to abate within the time specified shall be guilty of a violation of this subchapter separate and apart from the violation for causing or allowing the nuisance itself, unless appeal shall be taken as described in § 92.22.

(Prior Code, § 3.0710) Penalty, see § 10.99

§ 92.22 APPEAL.

   Any person feeling aggrieved by receipt of a notice to abate may appeal to the City Council by filing with the Municipal Finance Officer a written appeal stating the objections therein. The appeal must be filed within the time stated in the notice to abate, but in no event may the appeal be filed later than ten days after the notice to abate has been given. If the Council deems the appeal worthy of hearing, it may hear the same at its next Council meeting. The Council may affirm the prior notice to abate, modify it, revoke it, or it may proceed with the abatement without hearing the appeal.

(Prior Code, § 3.0711)