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1105.06 INSPECTIONS, INVESTIGATIONS AND COMPLAINTS; ENFORCEMENT OFFICER.
   (a)   The Chief of Police, the Fire Chief, the Building Inspector and, if there is one, the City Health Officer, shall cause inspections to be made from time to time within the City and, when they deem it in the interest of the City so to do, within the extraterritorial jurisdiction of the City as provided in Section 1105.02, determine whether any condition exists or activity is being practiced which constitutes a nuisance; and each such officer shall cause an investigation to be made upon written complaint made by any responsible person. In the absence of the City Health Officer, any public health officer having jurisdiction within the City is hereby vested with the authority conferred by this article on a City Health Officer, and he may exercise such authority when authorized so to do by his own superiors.
   (b)   Each officer mentioned in subsection (a) hereof shall, for the purposes of this article, be designated as an “enforcement officer”. (1976 Code Sec. 12-6)
1105.07 RIGHT TO ENTER PRIVATE PREMISES; DUTY OF OCCUPANTS.
   Enforcement officers shall have the right to enter upon private premises for the purposes specified in Section 1105.06, upon proper identification and in compliance with all applicable provisions of law. Unless it appears probable that advance warning would defeat the purpose of such entry, occupants of premises to be entered shall be given reasonable notice in advance, and in any case no owner or occupant shall prevent such entry which is sought to be made in compliance with law. (1976 Code Sec. 12-7)
1105.08 NOTICE TO CEASE AND DESIST.
   If at any time an enforcement officer shall find that an activity or practice which constitutes a nuisance is occurring within the City or within the area surrounding the City and within the extraterritorial jurisdiction of the City as provided in Section 1105.02, he shall promptly and by the most expeditious means notify the violator to cease and desist forthwith.
(1976 Code Sec. 12-8)
1105.09 NOTICE TO ABATE; APPEAL.
   If at any time an enforcement officer shall find that a condition which constitutes a nuisance exists within the City or within the area surrounding the City and within the extraterritorial jurisdiction of the City as provided in Section 1105.02, he shall give notice in writing to the owner, occupant or person in charge of the premises upon which such condition exists, stating therein the condition which constitutes a nuisance and directing such addressee to remedy the condition within the time stated in such notice, which shall be not more than ten days; and no such owner, occupant or person in charge shall fail to comply with the terms of such notice. Provided, however, any owner, occupant or person in charge may, within two days from the service thereof, appeal to Council, in which case the terms of such notice shall be stayed pending action of Council, which shall be final. Provided further however, that if the enforcement officer shall state in such notice that the condition which constitutes a nuisance is such as to be an imminent hazard to the health, safety or welfare of the public or any person within or near the premises upon which such nuisance exists, then the addressee shall comply with the terms of such notice.
(1976 Code Sec. 12-9)
1105.10 RECOURSE OF CITY WHEN NOTICE TO ABATE NUISANCE IS IGNORED.
   (a)   Upon the failure of any person to whom notice has been given pursuant to Section 1105.09 to comply with the terms of such notice, or with the terms imposed by Council on appeal, as the case may be, the enforcement officer shall forthwith direct the appropriate City officer to remedy the condition which is the subject of such notice, and the expense incurred by the City in so doing shall be charged to the addressee of such notice, as well as to the owner of the premises which is the subject of such notice, jointly and severally, to be collected as City taxes or in any other manner authorized by law for the collection of money due the City.
   (b)   Abatement by the City of any condition which constitutes a nuisance and reimbursement to the City of expenses incurred thereby shall not bar prosecution for maintenance of a nuisance. (1976 Code Sec. 12-10)
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