(A) The city does hereby adopt the following abatement procedure to ensure adequate notice to appropriate landowners, so that the landowners may have sufficient time to abate the fire and/or health hazard. Additionally, if the landowner fails to take appropriate action to abate the fire and/or health hazard, this subchapter shall constitute a means for the city to abate the fire and/or health hazard and to attempt to recover the cost of abatement.
(B) Once a complaint of fire and/or health hazard under this subchapter has been made and once the visual inspection has been completed by the Chief of Police and head of the Fire Department or their designated representatives has been completed, they shall report to the Mayor and the City Council. If a fire and/or health hazard is found to exist, a written report shall be filed with the City Council. The City Council will review the situation at the next regularly scheduled meeting to determine whether or not further proceedings to abate the fire and/or health hazard are warranted.
(C) If the City Council determines that further proceedings are required, the City Attorney shall notify the affected landowner by writing, with personal service of process by the County Sheriff or through certified mail, return receipt requested. The notice must be in writing and must set forth the specific situations which constitute the fire and/or health hazard. Additionally, the letter shall set forth a specific period of time in which the landowner may abate the health and/or fire hazard.
(D) Within the time period set for abatement of the health and/or fire hazard, the landowner must notify the Chief of Police and head of the Fire Department and meet with those individuals or their designated representatives to review the efforts at abatement. If the efforts at abatement do, in fact, abate the fire and/or health hazard to the satisfaction of the representatives of the city, then no further action shall be required. If the efforts at abatement have not alleviated the enumerated problems, the landowner shall be given an additional period of time to complete the abatement process to the satisfaction of the city. This additional period of time shall be determined by the nature of the abatement requirement and the circumstances surrounding the specific incident requiring abatement.
(E) If the landowner fails to abate the fire and/or health hazard within the time period set within the notice or if the letter is returned to the City Attorney “addressee unknown” or otherwise after having been mailed to the last known address or the address maintained for said property owner with the County Property Evaluation Office, then constructive service of process shall be deemed to have occurred.
(F) The failure of abatement shall be reported to the City Council who shall determine by majority vote whether or not the city could undertake abatement of the nuisance. If the City Council determines that abatement is appropriate, then the City Council shall arrange for the building to be prepared and/or demolished and the lot cleaned, as may be deemed appropriate under the specific circumstances.
(G) A final report of abatement shall be filed with the city by the parties charged with the responsibility of abatement on behalf of the city.
(H) If personal service of process is received upon the landowner and if the landowner fails to voluntarily abate the premises so that the city must complete the process, then the City Council may direct the City Attorney to attempt to recover the cost of abatement in civil court proceedings. If a judgment is obtained against the landowner, said judgment shall constitute a lien for payment of the indebtedness and appropriate civil remedies may be taken to sell the land to satisfy the indebtedness.
(Prior Code, § 92.28) (Ord. passed 12-19-1988)