(A) Upon determining that a public nuisance exists and that there is danger to the public health, safety, peace, morals, or decency, a city police officer shall serve a notice of the public nuisance or cause a notice to be served on the owner or occupant of the property where the public nuisance exists or upon the person causing, permitting, or maintaining the nuisance. A copy of the notice shall be posted on the premises where the public nuisance exists.
(B) (1) The notice shall specifically describe the public nuisance and shall direct the owner or the occupant of the private property where the public nuisance exists or the person causing, permitting, or maintaining the nuisance to abate or remove the nuisance within 24 hours of service or posting of the notice. If the owner, occupant, or person cannot be located after reasonable inquiry, posting shall be sufficient notice.
(2) The notice shall state that unless the nuisance is so abated or removed, the city will cause it to be abated or removed, that the cost will be charged to the owner, occupant, or person causing, permitting, or maintaining the nuisance, and that the cost shall be a lien on the real property where the nuisance was abated or removed. The notice shall also state that the owner or occupant is personally liable for the amount of the lien including interest, civil penalties, and other charges.
(3) If the public nuisance does not constitute a great and immediate danger to the public health, safety, or welfare, a city police officer may serve or cause the service of the owner or occupant of the premises or the person in whose name the real estate was last billed for property tax purposes a notice to demand the abatement or removal of the violation within ten days. Service may be had by certified mail or personal service.
(C) If a nuisance is not abated or removed after notice pursuant to this section and within the time specified in the notice, a city police officer may cause the abatement or removal of the public nuisance. The reasonable cost thereof shall be a lien on the real property where the nuisance was abated or removed.
(D) (1) The person upon whom a notice to abate a nuisance is served, the property owner, tenant, or other affected person may appeal the determination of a nuisance, in writing, to the City Commission. The written appeal must be made within the time period in which to abate the nuisance is given in the notice.
(2) The Commission shall meet with the appellant at the next regularly scheduled Commission meeting after receipt of the written appeal. The Commission may extend the time in which the nuisance must be abated, determine that a nuisance does not or no longer exists, or that the nuisance must be abated within the time period set out in the notice or immediately if the period has run; provided, however, that if the nuisance was determined to be an emergency and that the opportunity for an appeal was not available due to the short period of time to abate the nuisance, an appeal may be heard after the abatement of the nuisance by the city, in that event, the Commission may determine that the appellant is liable for the costs, or that, upon good cause shown, that the appellant is not liable for the costs and that a lien shall not be filed by the city upon the property. The notice to abate shall contain a statement as to the right of appeal.
(Ord. 2 Series 1998, passed - -; Ord. 21, Series 2015, passed 6-11-2015)