A. Regular Abatement Procedures Required: If, after inspecting the property on which the nuisance is reported, the enforcement officer declares the existence of a public nuisance, but the nature thereof is not such as to require the summary abatement of such nuisance, then regular abatement procedures shall be followed.
B. Notice: The enforcement officer shall determine the individual, firm or corporation who, from the records in the county clerk and recorder's office, appears to be the titled owner of the aforesaid property and shall attempt to determine the individual in possession of the property, if different from the owner, and immediately cause a written notice to be served on such individual, firm or corporation by personal service. If the enforcement officer is unable to serve such individual, firm or corporation by personal service, the enforcement officer shall serve the notice by mailing a copy of the notice to such owner and to the individual in possession of the property, if different from the owner, at such owner's and individual's last known address, if any, by United States certified mail, return receipt requested, and the enforcement officer shall cause a copy of the aforesaid notice to be posted at such structure, location or premises. Notice shall be deemed to have been given on the day of personal service or three (3) days after mailing and/or posting of said notice. The posting of notice shall be conclusively deemed to be adequate notice to any and all occupants, users, possessors, or owners of the property or its contents, and the failure of any such occupant, user, possessor, or owner to see, read, understand, or otherwise receive the notice shall not invalidate any of the proceedings under this chapter.
C. Contents Of Notice: The aforesaid notice to the owner and individual in possession of the property shall state the findings of the enforcement officer with respect to the existence of a public nuisance. The notice shall further state that unless the owner or individual in possession thereof shall cause the abatement of the public nuisance, pursuant to the orders contained in the enforcement officer's notice, the public nuisance shall be abated by the city at the expense of the owner and the individual in possession.
D. Defense: Any person who is the record owner and any individual that is in possession of the premises, location or structure at the time an order pursuant to this chapter is issued and served upon him, shall be responsible for complying with that order, and liable for any costs incurred by the city therewith, notwithstanding the fact that he, it or they conveys his, its or their interest in the property to another after such order was issued and served.
E. Not A Defense: It shall not be a defense to the determination that a public nuisance exists that the property is boarded up or otherwise enclosed. (Ord. 2002-6, 11-4-2002)