(a) The Enforcement Official or designee shall notify the interested party upon the occurrence of the first nuisance event. The notice shall advise the interested party that they may be subject to a repeat nuisance service fee upon the occurrence of further nuisance events as set forth by this chapter.
(b) Each notice to abate a Weeds and High Grass nuisance event shall state that only one notice of violation per calendar year is required to be served by the Enforcement Official or designee pertaining to a lot or parcel. If after one notice has been served for a calendar year, the Enforcement Official or designee determines that one or more subsequent violations have occurred on that lot or parcel during that calendar year, the City may proceed to immediately abate such nuisance as set forth in this chapter.
(c) Upon the occurrence of a second nuisance event for all other nuisance events excepting a Weeds and High Grass nuisance event within 365 days of a first nuisance event, the Enforcement Official or designee shall notify the Nuisance Abatement Board of the nuisance events and provide copies of all reports, summons, warrants, citations, notices provided pursuant to subsection (a) hereof, and any other documentation concerning the first and second nuisance events. The Board shall provide written notice to the interested party that the interested party may be subject to a repeat nuisance service fee unless a compliance plan is created and initiated within fifteen (15) days. The notice shall comply with subsections (c) and (d) hereof.
(d) Form. Notice as prescribed in subsection (b) and (c) hereof shall be in accordance with all of the following:
(1) Be in writing;
(2) Include a description of the property sufficient for identification;
(3) State the nuisance conduct, activities or conditions that are or have occurred or are maintained or permitted on the property, and the dates of the nuisance conduct, activities or conditions;
(4) State that the interested party has ten calendar days for Weeds and High Grass nuisance events and fifteen (15) days for all other nuisance events to abate the conduct, activities or conditions constituting the nuisance or to submit a compliance plan to make sure that the conduct, activities or conditions constituting a nuisance will not re-occur;
(5) State that the interested party may be subject to a repeat nuisance service fee in the amount set forth in Section 138.05 if, after ten calendar days after the date of service for Weeds and High Grass nuisance events and fifteen (15) days from the date of service of the notice for all other nuisance events, a repeat nuisance service occurs at the building or real property and a plan to abate the nuisance has not been submitted to the Board on a form prescribed by the Board;
(6) State that the costs and repeat nuisance service fee may be collected by assessment against the building or real property as defined through the Ross County Auditor to be assessed as a lien on the real property in accordance with law; and
(7) State that the City maintains its right to seek other legal remedies or actions for abatement of the nuisance or compliance with law.
(e) Method of Service. Notice as prescribed in subsection (b) hereof shall be deemed to be properly served if a copy thereof is:
(1) Served personally on the interested party; or
(2) Sent by certified or first-class mail to the interested party at the last known address. If the notice is refused or returned as undeliverable, the notice shall be reissued by first-class mail with proof of mailing and shall be deemed served five days after reissued.
(f) Except as otherwise provided in Section 138.07 hereof, the Enforcement Official or designee shall notify the Nuisance Abatement Board of any repeat nuisance service that occurs within one year of the first nuisance event. Contents of the notice shall include copies of the report, summons, warrants, citations, and other documentation concerning the repeat nuisance service, and a copy of the notice provided to the Board pursuant to Section 138.06(b). (Ord. 89-22. Passed 12-12-22.)