(A) Whenever a public nuisance, health hazard, or source of filth is found or discovered within the city, the authorized city official or other only designated officer, the Chief of Police or the Fire Department Chief of the city shall give a seven-day written notice to the owner and the occupant of the property upon which such nuisance, health hazard, or source of filth exists or upon the person causing or maintaining the nuisance, health hazard, or source of filth to abate, correct, or remedy such condition. The notice shall be sent by certified mail, return receipt requested, to the last known address of the owner and the occupant of property as it appears on the current tax assessment roll or by personal service thereon by a law enforcement officer upon the owner and occupant of the property. Said property owner and the occupant of said property shall then have seven days from the date of receipt of said notice to abate, correct, or remedy the nuisance, health hazard, or source of filth. If the nature of the nuisance, health hazard, or source of filth condition is such that a longer period of time would be required to abate, correct, or remedy the condition, an extension may be granted giving additional time for an offender to abate, correct, or remedy the nuisance, health hazard, or source of filth. Said extension may be granted at the discretion of the Mayor of the city. In addition, in the case of an unfit and unsafe building or structure, after the expiration of the original notice period of seven days, plus any extension period thereof, the property owner and the occupant shall be given an additional 30-day written notice to remedy the situation, by certified mail, return receipt requested, or by personal service thereof upon the owner and the occupant by a law enforcement officer before any demolition of any unfit or unsafe structure by the city occurs.
(B) A notice to abate, correct, or remedy a nuisance issued under the provisions of this section shall contain:
(1) An order to abate, correct, or remedy the nuisance, health hazard, or source of filth or request a meeting before the City Council within a stated period of time, which shall be reasonable under the circumstances;
(2) A description of what constitutes a nuisance, health hazard, or source of filth;
(3) A statement of the acts or measures necessary to abate the nuisance; and
(4) A statement that if the nuisance, health hazard, or source of filth is not abated, corrected, or remedied as directed, the city shall have the right either to abate, correct, or remedy said condition upon the property, or to levy a fine up to $500 a day on the offender until the nuisance is abated, corrected, or remedied to the satisfaction of the city, or cause a criminal citation or complaint to be issued against such person for a violation hereof. This notice to remedy or abate a nuisance, health hazard, or source of filth may be served as any other legal process which may be served pursuant to law.
(C) Upon the failure of an owner and/or occupant of property to comply with the provisions of this section and to abate, remedy, or correct any public nuisance, health hazard, or source of filth, the authorized city official, Chief of Police, or Fire Department Chief of the city are also authorized to send employees, agents, or representatives of the city upon the property to take appropriate actions and measures to abate, correct, or remedy the situation. In addition, such officer or officials may have issued a criminal complaint or a criminal citation against said offender(s) for violation of this section.
(D) If an additional period of time is requested by an offender of this section to abate, correct, or remedy the condition, a limited period of time may granted by the city, not to exceed 30 days, for such offender to abate, correct, or remedy the nuisance, health hazard, or source of filth. At the end of this 30-day period, the city may proceed to demolish any unsafe or unfit structure which, at its discretion, it deems necessary to so demolish. Said extension may be granted at the discretion of the Mayor of the city and City Council in a written agreement accepted and approved by the Mayor, the City Council, and the offender. In addition, the city shall also have the right to levy a fine of up to $500 per day until the nuisance is abated, corrected, or remedied, at the owner’s expense, satisfactorily to the city.
(Prior Code, § 92.05) (Ord. 95.8-1, passed 8-21-1995; Ord. 2007-06.02, passed 6-18-2007; Ord. 2020.10.08, passed 10-19-2020)