561.03 ABATEMENT OF NUISANCE BY THE CITY.

   (a)   Except in cases requiring emergency or summary abatement pursuant to Chapter 1345 , when a nuisance is located on or originates from real estate not owned by the City, the Director of Public Service, upon finding that the nuisance exists, may cause written notice or order to be served on the owner of the real estate or person having control of the real estate. The notice or order shall set forth the nature of the nuisance, the Director’s estimate of the cost of abating the same if done by the City, the time within which the owner or person having control of the real estate shall abate the nuisance, and the statement that, unless the nuisance is abated within the stated time, it may be abated by the City and the cost of abatement assessed on the real estate involved, and that the City may prosecute the owner or person having control of the real estate for failure to comply with the order of the Director.

   (b)   The notice may be served by delivering it personally to the owner or person having control of the real estate or leaving it at his usual place of business or residence, or by mailing it to the owner or person having control of the real estate, or by posting it in a conspicuous place on the real estate involved, or by publishing it once in a newspaper of general circulation within the City if it cannot be served in any of the other ways above mentioned. A record shall be kept in the office of the Director of Public Service showing the date of service, the person served, and the manner of service. When service is by mail, the date of service shall be deemed to be the date of mailing of the notice and the person served shall be deemed to be the person to whom the notice is addressed.

   (c)   In the event the owner or person having control of the real estate does not abate the nuisance within thirty days of service of the notice to do so or, if the nuisance consists of weeds, vines, or grass as provided in Section 561.01 (a) or (b), within seven days of the service of the notice to do so, the Director of Public Service is hereby authorized to cause the abatement of the nuisance.

   (d)   Whenever any nuisance is abated by the City pursuant to the provisions of this chapter, the City shall assess the costs of such abatement to the owner or person having control of the real estate upon which the nuisance was abated. A notice of such assessment shall be sent by regular mail to the owner or person having control of the real estate at his last known address to pay the cost of such abatement. If payment of such costs are not received by the City within thirty days after the mailing of such notice, then the amount shall be certified to the County Auditor for collection the same as other taxes and assessments are collected. The cost of abatement of the nuisance shall be an amount determined by the Service Director and shall include, without limitation, the cost of preparing and sending any notices, the cost of inspection of properties by City officials, and the cost of abating the nuisance whether such abatement is performed by the City or by an independent contractor. Costs for services of City employees shall include, without limitation, an amount based on the hourly rate of pay, including all fringe benefits, of the personnel involved.

(Ord. 38-1992. Passed 2-24-92.)