A. Notice To Remove: Whenever it comes to the attention of the city that any nuisance, as defined in this chapter, exists in the city, a notice in writing shall be served upon the occupant of the land where the nuisance exists, or in case there is no such occupant, then upon the owner of the property or his agent, notifying them of the existence of the nuisance and requesting its removal in the time specified in this chapter.
B. Responsibility For Removal: Upon proper notice and opportunity to be heard, the owner of any property where a nuisance exists or is deemed to exist, and the owner or occupant of the private property in which the same is located, either or all of them, shall be responsible for its removal. In the event of removal and disposition by the city, the owner or occupant of the private property where the same is located shall be liable for the expenses incurred.
C. Notice Procedure: The city clerk shall give notice of removal to the owner or occupant of the private property where any nuisance is located, at least thirty (30) days before the time of compliance. It shall constitute sufficient notice when a copy of same is posted in a conspicuous place upon the private property on which the nuisance is located and duplicate copies are sent by registered mail to the owner or occupant of the private property at his last known address.
D. Content Of Notice: The notice shall contain the request for removal of the nuisance within the time specified in this chapter; and the notice shall advise that upon failure to comply with the notice to remove, the city or its employees or contractor shall undertake such removal with the cost of removal to be levied against the owner or occupant of the property.
E. Request For Hearing: The persons to whom the notices are directed or their duly authorized agents may file a written request for hearing before the city council within the thirty (30) day period of compliance, for the purpose of defending the charges by the city.
F. Procedure For Hearing: The hearing shall be held as soon as practicable after the filing of the request, and the persons to whom the notices are directed shall be advised of the time and place of the hearing at least five (5) days in advance thereof. At any such hearing, the city and the persons to whom the notices have been directed may introduce such witnesses and evidence as either party deems necessary.
G. Notice Of Removal: Within forty eight (48) hours of the removal of such nuisance, or other property having some value but by which a nuisance exists, the city shall give notice to the owner or occupant of the property or nuisance, if known, and also the owner or occupant of the private property from which the nuisance or other property was removed, that the nuisance or property by which a nuisance existed, has been removed for violation of this chapter. The notice shall give the location of where the nuisance or property is stored or disposed and the costs incurred by the city for its removal.
H. Disposition Of Property: Upon removal of the property by which a nuisance has existed, under the provision of this chapter, the city shall, after ten (10) days, cause it to be appraised. If the property is appraised at seventy five dollars ($75.00) or less, the city clerk shall execute an affidavit so attesting and describing the property and stating the location and appraised value of the property. The city clerk, after complying with this subsection, may summarily dispose of the nuisance or property and execute a certificate of sale. If the property is appraised over seventy five dollars ($75.00), the law enforcement agency for the city shall give the date of the proposed sale.
I. Contents Of Public Sale Notice: The notice of public sale shall state:
1. The sale is of abandoned property in the possession of the city.
2. A description of the property, including any and all pertinent information which will accurately identify the property.
3. The terms of the sale.
4. The date, time and place of sale.
J. Public Sale: The property shall be sold to the highest and best bidder. At the time of payment of the purchase price, the law enforcement agency shall execute a certificate of sale in duplicate, the original of which is to be given to the purchaser, and the copy thereof, to be filed with the city clerk. Should the sale for any reason be invalid, the city's liability shall be limited to the return of the purchase price.
K. Redemption Of Impounded Property: The owner of any property seized under the provisions of this chapter may redeem such property at any time after its removal but prior to the sale or destruction thereof upon proof of ownership and payment to the appointed city official of such sum as he may determine and fix for the actual and reasonable expense of removal and any preliminary sale advertising expenses not to exceed seventy five dollars ($75.00) plus cost, for storage of the property redeemed. (2015 Code)