A. Upon determining that a condition constitutes a public nuisance, the Code Enforcement Officer may elect to issue a notice and order directed to the record owner of the property on which the Code Enforcement Officer has determined that a public nuisance exists. The notice and order shall contain all of the following:
1. The street address and a description sufficient for identification of the property and any structures where the violation occurred or is occurring.
2. A statement that a condition deemed to be a public nuisance as defined in § 1.09.030 has been found to exist, with a brief and concise description of the conditions found to constitute a public nuisance under the applicable provisions of this code.
3. An order specifying:
a. The curative action required to be taken; and
b. The time, generally not less than seven days, in which completion of the curative action must occur, as determined by the Code Enforcement Officer. Any subsequent order, if issued, may require immediate compliance if a notice of violation has previously been served concerning the same violation of the code.
4. A statement advising that if the abatement work is not commenced within the time specified, and diligently pursued until completion, the city may proceed to cause the work to be done and charge the costs thereof against the parcel or its owner as a lien against the parcel and/or as a special assessment, and such lien or special assessment may be recorded, and that such property may be sold after three years by the Tax Collector for unpaid delinquent assessments, and that such remedy shall be in addition to any other rights, remedies, or actions available to the city by reason of the same violation as described in the notice and order.
5. A statement indicating whether the city has elected to seek, as a part of abatement costs, reasonable attorneys' fees incurred in abating the nuisance. Such notice shall also state that if the city elects to seek reasonable attorneys' fees, the prevailing party may be entitled to seek reimbursement of reasonable and necessarily incurred attorneys' fees, provided any such fees awarded against the city shall not exceed the amount of reasonable attorneys' fees incurred by the city.
6. A statement advising:
a. That the record owner may appeal the notice and order to abate nuisance pursuant to § 1.10.070;
b. Such appeal must be filed within ten business days from the date of service of the notice and order; and
c. That failure to appeal will constitute a waiver of all rights to an administrative hearing to contest the determination of nuisance and required abatement.
B. Service of the notice and order shall be made as provided in § 1.10.040.
(Ord. 20-2203, § 3, 2020)