(A) Unless imminent danger exists on the subject property that necessitates immediate action, upon determining that a violation of §§ 92.01 or 92.02 exists, the City Clerk, or his or her designee shall cause a written notice to be served on the owner of the property where the nuisance exists. If the owner cannot be located after reasonable inquiry, posting the notice on the premises where the nuisance exists shall be sufficient notice.
(B) The written notice required by this section shall set forth the following:
(1) The nature of the nuisance;
(2) A statement that the owner of the property shall abate or remove the nuisance within 72 hours of service or posting of the notice;
(3) A statement that if the nuisance is not timely abated or removed, the city may cause the nuisance to be abated or removed, charge the owner of the property the reasonable value of materials and labor spent abating or removing the nuisance, and the city shall have a lien on the property for the reasonable value of materials and labor spent abating or removing the nuisance; and
(4) A statement that the owner of the property shall have the right to a public hearing before the City Council regarding the alleged violation if requested within 72 hours of service or posting of the notice.
(C) The owner of the property shall have the right to a public hearing before the City Council regarding the alleged violation if timely requested as set forth in this section. If no hearing is timely requested, it is waived.
(D) If the nuisance is not timely abated or removed, and no public hearing before the City Council is scheduled, the City Clerk or his or her designee may cause the nuisance to be abated or removed, charge the owner of the property the reasonable value of materials and labor spent abating or removing the nuisance, and record a lien in favor of the city on the property for the reasonable value of materials and labor spent abating or removing the nuisance.
(E) Performance of the procedures set forth in this section shall not be a prerequisite to the filing of a criminal case against the owner of the property, pursuant to § 92.99, and the filing of a criminal case against the owner of the property pursuant to § 92.99 shall not constitute a waiver of the city’s authority to abate or remove the nuisance pursuant to this section.
(Ord. passed 3-6-90; Am. Ord. 13-03, passed 3-5-13)