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A. Upon receiving a report and making a determination that a public nuisance exists as provided for in this chapter, the Code Enforcement Officer, or any other person authorized by the City Manager, shall give at least ten (10) business days' notice to the owner of the property by mail at the address shown by the current year's tax rolls in the County Treasurer's Office before a hearing may be held or action taken.
B. The notice shall order the property owner to clean the property of trash, or to cut or mow the weeds or grass on the property, as appropriate, and such notice shall further state that unless such work is performed within ten (10) business days of the date of the notice, the work shall be done by the City or a contractor and a notice of lien shall be filed with the County Clerk against the property for the costs due and owing the City. At the time of mailing of notice to the property owner, the City shall obtain a receipt of mailing from the postal service, which receipt shall indicate the date of mailing and the name and address of the mailee.
C. If the property owner cannot be located within ten (10) business days from the date of mailing by the City, notice may be given by posting a copy of the notice on the property or by publication in a newspaper of general circulation, as provided for by State law, one time not less than ten (10) business days prior to any hearing or action by the City.
D. The property owner, within ten (10) business days from the date of the notice, may give his or her written consent to the City authorizing the removal of the trash or the mowing of the weeds or grass. By giving such written consent, the property owner waives his or her right to a hearing by the City.
E. A hearing may be held by the City Manager or his or her designee upon filing written notice with the City Clerk by the property owner within ten (10) business days from the date of the notice. A date and time shall be set for said hearing, and the property owner shall be notified of such hearing in writing. The filing of a written notice of hearing with the City Clerk shall operate to stay any action by the City against the property. The City Manager or his or her designee shall then hear the matter and shall receive information thereon, including anything which may be presented by the owner of the property, personally or by agent or attorney. If the City Manager or his or her designee determines that any of the conditions specified in section 8-103 of this chapter exist upon the property, he or she may order the property to be cleaned of trash and/or the weeds or grass to be cut, removed or destroyed unless within ten (10) business days from the issuance of his or her order, the property owner either:
1. Cuts, removes or destroys the trash or weeds in accordance with the notice;
2. Gives written consent authorizing the City to abate the trash or weeds, thereby waiving his or her right to further hearing; or
3. Appeals. Notice of appeal is to be filed with the City Clerk within ten (10) business days after the initial order is rendered. The filing of written notice of appeal with the City Clerk shall operate to stay the enforcement of the order. At least ten (10) business days' notice of the appeal hearing shall be given to the property owner. The appeal will be placed on the next available meeting of the Eufaula City Council. The City Council's ruling will be final.
F. If the public nuisance continues to exist upon expiration of the notice, hearing or appeal processes as provided for in subsections A through F of this section, employees of the City or agents contracted by the City are granted the right of entry on the property for the removal of trash, mowing of weeds or grass, and performance of the necessary duties as a governmental function of the City.
G. Immediately following the cleaning and/or mowing of the property, the City Clerk shall file a notice of lien with the County Clerk describing the property and the work performed by the City, and stating that the City claims a lien on the property for the cleaning and/or mowing costs.
H. If a notice is given by the City to a property owner ordering the property within the City limits to be cleaned of trash and/or weeds or grass to be cut or mowed in accordance with the procedures provided for in subsections A through G of this section, any subsequent accumulations of trash or excessive weed or grass growth on the property occurring within a six-month period may be summarily abated without further prior notice to the property owner provided the initial notice to the property owner shall state: "that any accumulations of trash or excessive weed or grass growth on the owner's property occurring within six months from and after the date of this notice may be summarily abated by the city, that the costs of such abatement shall be assessed against the owner, and that a lien may be imposed on the property to secure such payment, all without further prior notice to the property owner". At the time of each summary abatement, the City shall notify the property owner of the abatement and the costs thereof. The property owner may request a hearing regarding the costs of each summary abatement as provided for in this section. This subsection shall not apply if the records of the County Clerk show the property was transferred after notice was given.
(Ord. 14-8-2, 8-4-2014; amd. Ord. 18-11-4, 11-5-2018; Ord. 19-09-01, 9-9-2019)