(A) Notice of violation. Whenever the City Council or the City Attorney determines that there are reasonable grounds to believe that there has been a violation of any of the provisions of this chapter, or the regulation passed pursuant to this chapter, the City Attorney shall give notice of such alleged violation to the person responsible therefor as hereinafter provided.
(B) Notice requirements.
(1) Such notice shall:
(a) Be put into writing;
(b) Include a statement of the reasons why it is being issued;
(c) Allow a reasonable time for the performance of any act it requires; and
(d) Be served upon the holder of a permit issued under this chapter, or upon the owner, his or her agent or the occupant of any premises within the city or within a five-mile radius of the city; provided that such notice shall be deemed to have been properly served when a copy thereof has been served personally, or in accordance with the state’s rules of civil procedure or attached to the garbage container or rack.
(2) Such notice may:
(a) Contain an outline of remedial action which, if taken, will effect compliance with the provisions of this chapter; and
(b) State that, unless conditions or practices described in such notice which violate this chapter or regulations enacted hereunder are corrected within a reasonable time specified in such notice, a permit which has been issued pursuant to this chapter or a contract given by said city may be suspended or revoked.
(C) Request for hearing. Any person who is affected by any notice issued in connection with the enforcement of any provision of this chapter may request, and shall be granted, a hearing on the matter before the City Council; provided, that such person shall file, in the office of the City Clerk/Treasurer, a written petition requesting such hearing and setting forth a brief statement of the grounds therefor, within ten days after the day notice was served.
(D) Notice of hearing. Upon receipt of such petition, the City Clerk/Treasurer shall set a time and place for such hearing and shall give the petitioner written notice thereof.
(E) Hearing; postponement. At such hearing, the petitioner shall be given an opportunity to be heard. The hearing shall be commenced not later than ten days after the day on which the petition was filed or at least the next regular City Council meeting; provided that, upon application of the petitioner, the City Clerk/Treasurer may postpone the date of the hearing for a reasonable time beyond such ten-day period when, in his or her judgment, the petitioner has submitted a good and sufficient reason for such postponement.
(F) Action of Council. After such hearing, the City Council shall sustain, modify, or withdraw the notice, depending upon its findings based on such hearing as to whether or not the provisions of this chapter and the regulations adopted pursuant thereto have been complied with. If the City Council sustains or modifies such notice, it shall have the effect of law and any subsequent violation of the same matter or failure to correct those things set forth in the notice will be considered a misdemeanor and punishable pursuant to § 10.99. In the case of any notice which states that a permit required by this chapter may be suspended or revoked, the City Council may suspend or revoke such permit if an order is issued and corrective action has not been taken within the time specified in the notice.
(G) City Council decision; appeal. The proceedings of such hearings, including the findings and decisions of the City Council, shall be summarized, reduced to writing, and entered as a matter of public record in the minutes of the City Council by the City Clerk/Treasurer. Such record shall also include a copy of every notice or order issued in connection with the matter. Any person aggrieved by the decision of the City Council may seek relief therefrom in any court of competent jurisdiction, as provided by the laws of the state.
(H) Emergency. Whenever the City Council finds that an emergency exists involving a serious health hazard which requires immediate action to protect the public health, it may, without notice or hearing, issue a written order reciting the existence of such emergency and the conditions violating this chapter which require corrective action to remove such health hazard. If such corrective action is not taken, the City Council may take or direct such action as may be necessary to protect the public health. Notwithstanding other provisions of this chapter, such order shall be effective immediately. Any person to whom such order is directed shall comply therewith immediately, but, upon petition to the City Council as hereinabove set forth, shall be afforded a hearing as soon as possible, but in any case not later than three days after the petition was filed.
(I) Delegation of authority. The City Council may from time to time delegate the functions set forth in this section to the Sanitation Committee appointed by the Mayor and approved by the majority of the City Council.
(2015 Code, § 3-3-7)