(a) Should any one or more of the officers named in Section 531.02, after the inspection of the premises on which it is reported that a public nuisance may exist, be of the opinion that a public nuisance does exist, but that the nature thereof is not such as to require the summary abatement of such nuisance, photographs and reports of their findings, the same as provided in Section 531.02, shall be made and filed with the Building Inspector. It shall be the duty of the Building Inspector in such cases to serve written notice on the person who, from the records in the County Auditor's office, appears to be the owner of the aforesaid property, by serving him personally or by leaving a copy at the usual place of residence or business of the owner or at the address of such owner shown in such Auditor's records, or by mailing a copy to the owner at such place or address by United States certified mail, return receipt requested. If service of the written notice is unable to be perfected by any of the hereinbefore described methods, then the Building Inspector shall cause such notice to be published in a newspaper of general circulation in the City, once each week for two consecutive weeks, and shall further cause a copy of the aforesaid notice to be left with the person, if any, in possession of the premises on which it alleged that such public nuisance exists, or, if there is no person in possession thereof, he shall cause a copy of the notice to be posted on the premises.
(b) The aforesaid notice shall state, in brief, the findings of any one or more of the aforesaid officers of the City, with respect to the existence of a public nuisance, and shall further state that unless the owner thereof causes the abatement of the public nuisance within thirty days after the service of the notice, the same shall be abated by the City at the expense of the owner, in addition to the penalty provided in Section 531.09(b). The owner may at any time after receipt of such notice make a request in writing or in person, to the Building Inspector, to be furnished with a written list of the items which are alleged to constitute the public nuisance and which are alleged to be in need of repair and/or replacement.
(c) The owner may make immediate application in writing or in person to the Building Inspector for a building permit to undertake the repair or replacement of items alleged to constitute the public nuisance. The Building Inspector, upon being furnished by the owner with the complete plans and specifications covering the repairs or replacements, in conformity with the standards of the City, shall, upon approval of such plans and specifications, cause a building permit to be issued to such owner. The Building Inspector may grant more than thirty days to the owner in which to effect the repairs or replacements.
(d) The owner may, within fourteen days after reciept of the notice, make a demand in writing to the Building Inspector for a hearing on the question of whether in fact a public nuisance exists and/or whether more than thirty days should be granted to the owner to abate the nuisance. The hearing shall be held within ten days following receipt of the written demand and at least two days notice of the hearing shall be given to the owner. The hearing shall be conducted by a hearing board composed of the Law Director, the Director of Public Safety and the Director of Public Service, or in the event any of such officers are unable to attend, by someone from their respective departments delegated by them to act in their behalf. The hearing board may amend or modify the notice and order, or extend the time for compliance by the owner with parts of the abatement order until such date or dates as a majority of such board may determine. A copy of the decision of the hearing officers shall be promptly served upon the owner in the manner provided for by Section 531.02. The decision of the hearing board shall be final and conclusive, unless the owner files, within five days after the aforesaid decision is rendered, an action in or appeal to a court of competent jurisdiction; otherwise the same shall become final and conclusive at the termination of such action or appeal proceeding as determined by such court.
(Ord. 1968-71. Passed 11-25-68.)