(a) Upon the failure of the owner, occupant, or person in control of private premises to comply with Section 7A-18 of this chapter, the director shall have the litter removed from the premises.
(b) Before having the litter removed, the director must notify the owner of the premises to bring the premises into compliance with Section 7A-18 within seven days. The notice must be in writing and may be served by handing it to the owner in person or by sending it United States regular mail, addressed to the owner at the owner’s address as recorded in the appraisal district records of the appraisal district in which the premises are located.
(c) If personal service to the owner cannot be obtained, then the owner may be notified by:
(1) publication at least once in the official newspaper adopted by the city council;
(2) posting the notice on or near the front door of each building on the premises to which the violation relates; or
(3) posting the notice on a placard attached to a stake driven into the ground on the premises to which the violation relates.
(d) If the director mails a notice to a property owner in accordance with Subsection (b) and the United States Postal Service returns the notice as “refused” or “unclaimed,” the validity of the notice is not affected, and the notice is considered as delivered.
(e) In a notice provided under this section, the director may, by regular mail and by a posting on the property, inform the owner of the property on which the violation exists that, if the owner commits another violation of the same kind or nature that poses a danger to the public health and safety on or before the first anniversary of the date of the notice, the city may, without further notice, correct the violation at the owner’s expense and then assess the expense against the property. If a violation covered by a notice under this subsection occurs within the one-year period, and the city has not been informed in writing by the owner of a change in ownership of the property, then the city may, without notice, take any action permitted by Subsection (a) and assess its expenses as provided in Section 7A-19.2.
(f) The director may issue citations and prosecute persons for violating Section 7A-18 regardless of whether a notice is issued under this section. (Ord. Nos. 22494; 25371)