(A) Whenever the Code Official or his or her designee determines the existence of a public nuisance on property, he or she may cause a written notice to abate the nuisance be served upon the owner of other person causing, permitting or maintaining such nuisance.
(B) A notice to abate shall include the following:
(1) A description of the condition or conditions constituting the public nuisance;
(2) An order directing the owner, occupant, or person in possession of the property where the public nuisance exists or the person causing, permitting or maintaining the public nuisance to abate the nuisance within the specified time period after service of the notice or posting of the notice on the property, such time periods being:
(a) Within 24 hours for a structure that is vacant and open to entry;
(b) Within 48 hours for garbage, trash, rubbish or litter;
(c) Within seven days for vegetation, invasive species, weeds, or tall grass;
(d) Within ten days for all other violations.
(3) A warning that, unless such nuisance is abated, the owner of the property thereby consents, and shall be considered to have consented, to the entry onto the property of the city or its contractor who shall cause the nuisance to be abated or removed and that the costs of such abatement shall be charged to the owner and shall be a lien on the property.
(C) Service of notice.
(1) The notice of abatement may be served personally, by mail or by posting on the property.
(2) The date of service shall be as follows:
(a) For personal service, the date of service;
(b) For service by mail, three days after such notice is deposited in the U.S. mail with proper postage;
(c) For service by posting, the date such notice is posted on the property.
(D) Appeal of notice to abate.
(1) The owner or person upon whom a notice to abate has been served may submit a written request to appeal such notice. An appeal may be requested only upon one or more of the following bases:
(a) The condition described in the notice did not exist on the property;
(b) The condition described in the notice does not constitute a public nuisance as set forth in this chapter; or
(c) The owner or person upon whom a notice has been served did not and does not have the legal authority to abate the nuisance.
(2) The request for appeal shall be in writing and include, at a minimum, the following information:
(a) The name, address and phone number of the person requesting the appeal;
(b) The address of the property at which is alleged to be a public nuisance;
(c) The date of the notice to abate; and
(d) A recitation of the basis and supporting facts giving rise to the request for appeal.
(3) The request for appeal shall be submitted at the office of the Code Official during business hours, or may be submitted electronically to such office.
(4) A request for appeal shall be submitted as soon as practicable but no later than one business day from the day of service of the notice to abate.
(5) Upon receipt of a request for appeal, the Code Official or his or her designee may, in the exercise of his or her discretion, render a decision solely upon a review of notice to abate, with any accompanying information, and the request for appeal. The Code Official may also schedule a meeting with the person requesting the appeal to permit him or her to provide additional information pertinent to the appeal. If the Code Official determines to schedule a meeting, such a meeting shall be scheduled as soon as practicable but no later than 48 hours of the receipt of the request for appeal.
(6) At the conclusion of his or her review, the Code Official shall make one of the following determinations:
(a) The nuisance did not or does not exist and void the notice to abate;
(b) Extend the deadline for abatement; or
(c) Deny the appeal and direct that the nuisance be abated by the date set forth in the notice to abate or within five days of the Code Official’s decision, whichever is later.
(7) The decision of the Code Official shall be in writing and shall include findings of fact derived from his or her review of the notice to abate, the request for review, and any accompanying information. The decision shall be delivered to the person who requested the appeal in person or by mail, within two days of said decision.
(Ord. 9089, passed 4-18-17; Am. Ord. 9141, passed 3-6-18)