1315.03 NOTICE OF ABATEMENT.

   Upon inspection, should the Code Official and/or Fire Chief or designee determine that a public nuisance exists, it shall be the duty of the Code Official to cause photographs of such nuisances to be made and to file and keep in his office the written reports of the findings of the aforesaid officials. The Code Official shall cause a written notice to be served to such owner stating the findings with respect to the existence of a public nuisance and stating that unless the owner or owners thereof shall cause the abatement of the public nuisance by removal of the building or structure the same will be abated by the City at the expense of such owner or owners. Such abatement shall start within fifteen days of notice and shall be complete within forty-five days or such additional time as the Code Official may deem necessary to complete the removal.
(Ord. 19-11. Passed 4-4-11.)

1315.04 SERVICE OF ABATEMENT NOTICE.

   A nuisance abatement notice shall be served personally or by leaving a copy at the usual place of residence of the owner, as defined in Section 1315.01(b) or by United States certified mail with return receipt requested. If such usual place of residence of the owner is not within the City, such copy may be mailed by United States certified mail with return receipt requested. If service of such written notice is not perfected by any of the hereinbefore described methods, then the Code Official shall cause such notice to be published in a newspaper of general circulation in the City, once each week for two consecutive weeks and shall further cause a copy of the aforesaid notice to be left with the person, if any. In possession of such premises on which it is alleged such public nuisance exists or, If there is no person in possession thereof, shall cause a copy of the notice to be posted on the premises.

(Ord. 19-11. Passed 4-4-11.)

1315.05 ABATEMENT PLANS; TIME LIMITATION; COMPLIANCE AGREEMENT.

   Within fifteen days of notice, the owner or owners may request to undertake the repairs or replacement of items found to constitute a public nuisance within the City. Adequate plans, specifications and required permits, as required by the Code Official, covering such repairs or replacements must be submitted in writing to the Code Official within fifteen days of abatement notice. The Code Official may deem necessary to extend the time allowed to complete plans and specifications, not to exceed thirty days.

   The Code Official shall, upon approval of such plans and specification, shall cause to enter into a compliance agreement with owner or owners. The compliance agreement will include required building and/or zoning permits that shall be obtained, list of all repairs or replacements to be completed as to the specifications required by the Code Official and dates for all repairs or replacements to be completed, not to exceed ninety days.

(Ord. 19-11. Passed 4-4-11.)

1315.06 APPEAL.

   The owner or owners may, within fifteen days after the date of notice, submit an application for a hearing on the question of whether in fact a public nuisance, as defined in Section 1315.01(a), exists. The hearing shall be held within twenty days following the receipt of such application and at least five days notice in writing of the hearing shall be given to the owner or owners. Such hearing shall be conducted by the Property Maintenance Appeals Board. All the members of such board must concur that a public nuisance exists before enforcement of the abatement is carried out. A copy of the decision of Property Maintenance Appeals Board shall be promptly served upon the owner or owners in the manner provided in Section 1315.04.
(Ord. 19-11. Passed 4-4-11.)