A. Notice To Abate:
1. Issuance; Contents Of Notice: If it is determined by the city clerk or his authorized representative that a public nuisance, as herein defined, exists on any lot, place or area, or upon any street, sidewalk, or public right of way abutting the same, the city clerk or his representative shall cause a notice to be issued to abate such nuisance. The notice shall be headed "Notice To Clean Premises", and shall:
a. Contain a description of the property in general terms reasonably sufficient to identify the location of the nuisance;
b. Describe the nuisance in terms reasonably sufficient to identify the same;
c. Direct the abatement of the nuisance;
d. Specify the penalty provisions as provided herein; and
e. Specify the appeal process as provided herein.
2. Serving Of Notice: The notice above referenced may be served in the following ways:
a. Personal Service: By personal service on the owner of said lot, place or area, if owner lives within the city, or by personal service on the occupant or person in charge or control of the property, if such person can be identified; or
b. Mail: If said owner does not live within the city, by registered mail to the owner, at the address shown on the last available assessment role, or as otherwise known; or by personal service on the occupant or person in charge or control of the property, if such person can be identified; or
c. Posting: Should the owner not be known or have an available address, by posting at a conspicuous place on the land or abutting public right of way and insertion of an advertisement at least once a week for the period of two (2) weeks in the official newspaper of the city, and by personal service on the occupant or person in charge or control of the property, if such person can be identified. Said newspaper advertisement shall be a general notice that property in the city has been posted in accordance with this chapter and contain a general statement of the effect of such postings. The date of such newspaper advertisements shall not be considered in computing the appeal periods provided by this chapter. (2003 Code § 7-02-08)
B. Appeal: Within five (5) days from the date of posting, mailing or personal service of the required notice, the owner or person occupying or controlling such lot, place or area affected may appeal to the city council. Such appeal shall be in writing and shall be filed with the city clerk. At the regular meeting or regular adjourned meeting of the city council, not less than ten (10) days nor more than twenty six (26) days after receipt of the appeal, the city council shall proceed to hear and pass upon such appeal, and the decision of the city council thereupon shall be final and conclusive. (2003 Code § 7-02-09)
C. Time Period For Abatement: It shall be the duty of the owner or person occupying or controlling any lot, place or area in the city which has been declared a public nuisance, as provided herein, within five (5) days from the date of notification, as provided herein, or in case of an appeal to the city council, within five (5) days from the determination thereof, unless the same is sustained, to remove the nuisance as stated. (2003 Code § 7-02-10)
D. Failure To Abate; Legal Action:
1. Notice To City Attorney: Upon the failure, neglect or refusal of any owner or occupant so notified to remove the public nuisance, as herein defined, within the time specified in this chapter, the city clerk shall notify the city attorney in writing of the last known legal owner and property description in general terms.
2. Legal Action: The city attorney may cause legal action to be taken through the magistrate court for action as follows: The owner or person in control of any lot, place or area within the city who shall permit or allow the existence of a public nuisance, as defined in this chapter, upon any lot or premises owned, occupied or controlled by him, or who shall violate any of the provisions of this chapter, shall be guilty of a misdemeanor, or the city attorney, in his discretion, may also take civil action to obtain an order from said court enjoining the maintenance of said public nuisance, which, such court order shall include reimbursement to the city of its costs and attorney fees. (2003 Code § 7-02-11)
E. Abatement By City: Upon direction of the city council and at the city council's discretion, upon the failure, neglect or refusal of any owner or occupant so notified to remove the public nuisance, as herein defined, within the time specified in this chapter, the city clerk's office shall proceed with the work specified in the notice. The cost of the work shall be transmitted to the city council, who shall cause the same to be paid and levy a special assessment against the property for such cost that shall be collected with the real property taxes assessed against said property. (2003 Code § 7-02-12)