(a) Should any one or more of the aforesaid officers of the City of Brooklyn, after the inspections of the premises of which it is reported 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 said nuisance, photographs and reports of their findings, the same as provided in Section 1357.02 hereof, shall be made and filed with the Building Inspector. It shall further be the duty of the aforesaid Building Inspector in such cases, to serve written notice on the person, persons, firm or corporation, who, from the records in the County Auditor's Office, appears to be the owner or owners of the aforesaid property, by serving them personally or by leaving a copy at the usual place of residence or business of the said owner or owners or address of such owner or owners shown in said Auditor's records, or by copy mailed to such owner at such place or address by United States Certified Mail Return Receipt. If service of the said 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 of Brooklyn, once each week for two (2) consecutive weeks and shall further cause a copy of the aforesaid notice to be left with the person, if any, in possession of the said premises on which it alleged such public nuisance exists, or if there be no person in possession thereof, he shall cause a copy of the notice to be posted on the said premises.
(b) The aforesaid notice shall state, in brief, the findings of any one or more of the aforesaid officers of the City of Brooklyn, with respect to the existence of a public nuisance, as defined in Section 1357.01, and shall further state that unless the owner or owners thereof shall cause the abatement of the public nuisance within thirty (30) days after the service of the said notice, the same will be abated by the City of Brooklyn, at the expense of said owner or owners. The said owner or owners may at any time after receipt of the said 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 or owners 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 said owner or owners with the complete plans and specifications covering the repairs or replacements in conformity with the standards of the ordinances of the City, shall upon approval of the plans and specifications cause a building permit to be issued to the owner or owners. The Building Inspector may grant more than thirty days to the owner or owners in which to effect the repairs and/or replacements.
(d) The owner or owners may, within fourteen days after receipt 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, as defined by Section 1357.01, exists and/or whether more than thirty days should be granted to the owner or owners 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 or owners. 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 the 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 by such date or dates as such majority may determine. A copy of the decision of the hearing officers shall be promptly served upon the owner or owners in the manner provided for by Section 1357.02. The decision of said hearing board shall be final and conclusive, unless the owner or owners shall file, within five (5) 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.)