4-1-6: ABATEMENT PROCEDURES:
   A.   Enforcement Officials: The City Council shall enforce the provisions of this chapter and may by resolution delegate to various officers or agencies power to enforce particular provisions of this chapter, including the power to inspect private premises.
   B.   Notice To Abate:
      1.   In cases where emergency abatement of a public nuisance is not required, the enforcement officer will serve a notice on the owner or responsible party, by regular mail, or by personal service, ordering the owner or responsible party to remove the public nuisance. The notice will contain the following information:
         a.   Description of the property upon which the nuisance is situated;
         b.   The nature of the nuisance to be abated;
         c.   State that in the event the owner or responsible party does not comply with the notice, the necessary work may be performed by the City;
         d.   State that if the owner or responsible party does not pay for the expense, the cost of the work will be assessed against the property; and
         e.   A compliance deadline. The notice will require that the public nuisance must be removed within forty eight (48) hours after the date of receipt of the notice unless another compliance deadline is stated.
      2.   If the owner of the property or responsible party cannot be found, the notice will be posted on the property for a period of forty eight (48) hours, after which period the City may perform any necessary work. Notice by regular mail and notice by posting may be done simultaneously.
   C.   Authority To Abate:
      1.   The enforcement officer is authorized to enter in or upon any property or structure for the purpose of enforcing and assuring compliance with the provisions of this section.
      2.   If the public nuisance has not been removed by the compliance deadline, the City has the authority to enter upon the property and abate the public nuisance. In abating the nuisance, the City may go to whatever extent necessary to complete the abatement of the public nuisance. The City may call upon any of the City departments or divisions for whatever assistance is deemed necessary or may by private contract cause the abatement of the public nuisance.
   D.   Costs To Owner: If the City performs the work pursuant to subsection C of this section, the City will maintain a record showing the cost of the work attributable to each separate lot and parcel, including administrative costs. Abatement costs shall include, but are not limited to the cost of the abatement, the cost of investigation, such as title searches, inspection and testing, the cost of notification, filing costs and administrative costs including an overhead charge of up to twenty five percent (25%) for administrative costs.
   E.   Costs A Special Tax: The City Clerk shall, at the direction of the Council, extend the cost of abating the nuisance as a special tax against the lots or parcels upon which the nuisance was located, and such special tax shall, at the time of certifying taxes to the County Auditor, be certified for collection as other special taxes are certified and collected. (Ord. 983, 6-21-2017)