§ 92.07 NOTICE TO ABATE.
   (A)   Whenever the enforcement official determines that there are reasonable grounds to believe that the owner or operator of any equipment is maintaining fuel-burning equipment, incinerator or refuse-burning process or control equipment or other equipment in violation of any section of this chapter, or that a violation of this chapter exists, the enforcement official shall give notice of the alleged violation to the owner or operator of the equipment or to the person who is violating this chapter.
   (B)   Notice shall be made as follows:
      (1)   The notice shall be made by telephone to the listed telephone directory number or telephone number supplied by the owner or operator of the offending equipment or property. If the telephone notification is not successful after two attempts, no further immediate notification will be made. Written notification will be made within five days;
      (2)   The notice shall state the specific violation alleged;
      (3)   The notice shall allow a reasonable time for the performance of any correction the enforcement official may require to comply with the provisions of this chapter. The reasonable time allowed shall be determined by the enforcement official and shall be based on the nature of the violation, the frequency of the violation, the estimated time necessary to correct the violation and other relevant factors as determined by the enforcement official. In the event the reasonable time allowed for correction is more than 48 hours, the enforcement official shall report in writing to the City Administrator the reasons for the correction time. In the event any extensions of time are granted to correct a violation, the enforcement official shall report in writing to the City Administrator the reasons for the extension; and
      (4)   If deemed advisable by the enforcement official, the notice shall contain an outline of corrective action which, if accomplished, will effect compliance with the provisions of this chapter.
   (C)   In case the owner or operator or other responsible person fails or refuses to comply with the notice, the city may order the enforcement official to perform the required actions to abate the nuisance, as specified in Chapter 90 of this code of ordinances.
(1999 Code, § 52.07) Penalty, see § 10.99