A. The City Manager, or his designee, shall give notice of removal to the owner of the private property where a nuisance as defined by this article is located. At least ten (10) business days' notice shall be given 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 the City takes action. It shall constitute sufficient notice, when at the time of mailing of the notice to the property owner, the City Manager or his designee 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 and if such person or entity cannot be found, then a copy of the notice may be served by posting a copy in some conspicuous place on the premises upon which the vehicle is located, at least ten (10) business days prior to any abatement action by the enforcement official.
B. The notice shall order the property owner to abate the nuisance and shall further state that unless such abatement is performed within ten (10) business days of the date of the notice, the nuisance may be abated by the City.
C. 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 set for the 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 8-301 of this chapter exist, he or she may order the vehicle(s) removed from the property unless within ten (10) business days from the issuance of his or her order, the property owner either:
1. Removes the nuisance;
2. Gives written consent authorizing the City to abate the nuisance, 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.
(Ord. 19-09-01, 9-9-2019)