(A) Upon determining that a public nuisance exists and that there is danger to the public health, safety, peace, morals or decency, the codes enforcement 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) 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 twenty-four (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. 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 failure of the owner, occupant, or person to abate the nuisance as required by the notice shall be deemed an implied consent for the city to abate or remove the nuisance. The implied consent shall be deemed to form a contract between the owner, occupant, or person and the city. If the public nuisance does not constitute a great and immediate danger to the public health, safety, or welfare, the codes enforcement officer may serve 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 five (5) days. Service may be had by personal service, certified mail, or first class mail, provided that there shall be a presumption that first class mail which is not returned to the codes office wihtin five (5) days of mailing was received in fact by the addressee.
(C) If a nuisance is not abated or removed after notice pursuant to this section and within the time specified in the notice, the codes enforcement 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) The owner or occupant of the private property where the public nuisance exists who fails to abate or to remove the nuisance required by this section, thereby consents, under the terms of this section, to have the city abate or remove the nuisance. Further, the owner or occupant thereby also consents to the formation of a contract between the owner and occupant and the city for the payment of costs in relation to abatement or removal of the nuisance.
(E) 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, pursuant to § 22.605 of this code. The written appeal must be made within the time period in which to abate the nuisance is given in the notice. The codes enforcement officer or his/her designee shall meet with the appellant within five (5) working days of the receipt of the written appeal. The codes enforcement officer or his/her designee 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 Code Enforcement Board 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. No. 14.90, 6-19-90; Amd. Ord. No. 14-97, 7-1-97)
(F) Emergencies. In the event that the Code Enforcement Officer determines in writing that a condition is so menacing to the public health, peace, or safety that it is necessary that it be summarily abated, the Code Enforcement Officer shall specify in writing the condition and the basis for the emergency, and shall maintain such writing in the Code Enforcement Office.
(Ord. No. 14.90, 6-19-90; Amd. Ord. No. 14-97, 7-1-97; Amd. Ord. No. 03-06, passed 1-14-06)