(a) Whenever the Commissioner of Environment or any authorized City officer or employee ascertains, either upon information or by observation or inspection, that any condition amounting to a nuisance or defined by law or ordinance as a nuisance exists on any premises, which nuisance affects or endangers the public health, either of them shall, in writing, notify the owner or person in charge of the premises, requiring the abatement or removal of the nuisance within a reasonable time, unless no such owner or person in charge can be found, or unless the circumstances are such, in their opinion, as to require the immediate abatement or removal of the nuisance, without waiting to give notification.
In the case of a vacant lot or a lot on which the main building or structure is vacant, either of which lot contains a nuisance as described in Section 209.01, the procedures outlined in Chapter 209 may be followed. In case of a nuisance as described in Section 209.01, the abatement shall last for the remainder of the growing season.
(b) A notice of violation under this Section 203.02 shall be served by one (1) or more of the following methods.
(1) Personal service. The City department issuing the notice may use any method that causes the Notice of Violations to be actually delivered to the responsible party. Actual delivery shall constitute legal service of the Notice of Violations.
(2) Residence service at the owner’s address by leaving a copy of the notice of violation with a person of suitable age and discretion then residing therein.
(3) Certified mail to an address where it is reasonably calculated under the circumstances to reach the owner. When determining such an address, the City shall examine:
A. Information the responsible party provided to the City, such as rental registration information or the address used on an appeal or an application; or
B. Information that a City representative, such as an inspector, has discovered during the performance of their duties; or
C. Information from common and readily available sources such as printed or online directories, credit bureaus, county property records, board of election records, motor vehicle records, court records or other state, county, municipal or federal records.
The City is not required to use all of these methods and is not required to use any one of them; the City must use whatever combination of them is reasonably expected to be successful. The address found can be the property or premises which is the subject of the violation.
(4) Regular mail and posting as follows:
A. Regular mail to the owner at an address found under division (b)(3) above, which may be the address of the property that is the subject of the violation; and
B. Regular mail service to the property address that is the subject of the violation notice, if that address is different from the address in division (b)(4)A.; and
C. Posting of the notice of violation in a conspicuous location on the building, premises or real estate or appurtenance thereto that is the subject of the violation notice.
(5) Service by publication electronically or once in a newspaper of general circulation in the City.
(Ord. No. 1039-2023. Passed 2-5-24, eff. 2-6-24)