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It shall be the duty of the building commissioner or the building commissioner's designee to serve notice in writing by certified mail upon the owner, occupant, agent or person in possession or control of any building or structure in or upon which any nuisance may be found, or upon any person who may be the owner or cause of any such nuisance other than the nuisance specified in Sections 7-28-120 or 7-28-440 through 7-28-455 or 7-28-750 of this chapter, ordering such owner, occupant, agent or person to abate such nuisance, within a reasonable time, in the manner the building commissioner shall prescribe. It shall not be necessary in any case for the building commissioner to specify in such notice the manner in which any nuisance shall be abated, unless the building commissioner deems it advisable to do so. If the person so notified shall neglects, refuses or otherwise fails to comply with any of the requirements of such order within the time specified in the notice required under this section, such person shall be fined not less than $250.00 nor more than $500.00 for each such offense. Each day that a violation continues shall constitute a separate and distinct offense to which a separate fine shall apply.
It shall be the duty of the building commissioner to proceed at once, upon expiration of the time period specified in the notice, to cause the applicable nuisance to be abated. Provided, however, that if, after due diligence, the owner, occupant, agent, or person in possession or control of any building or structure in or upon which any nuisance may be found is unknown or cannot be found, the building commissioner shall proceed to abate the nuisance without notice. In either case, in addition to any fine or other penalty provided by law, the person who created, continued or suffered the nuisance to exist shall be liable to the city for any and all costs and expenses incurred by the city in abating the nuisance, plus a penalty of up to three times the amount of the costs and expenses incurred by the city. Such monies may be recovered in an appropriate action instituted by the corporation counselor or in a proceeding initiated by the applicable department at the department of administrative hearings. The commissioner of streets and sanitation or the commissioner's designee shall enforce the provisions of Sections 7-28-120, 7-28-440 through 7-28-455 and 7-28-750 in the manner provided herein for nuisances generally, unless the specific section provides otherwise.
(Prior code § 99-1; Amended. Coun. J. 12-18-86, p. 38654; Amend Coun. J. 4-29-98, p. 66564; Amend Coun. J. 7-28-10, p. 97912, § 3)