(A) Except in the case where summary abatement is authorized pursuant to § 91.053, or when a different abatement procedure is specified elsewhere in this code, public nuisances identified in this subchapter shall be abated under the general abatement procedures outlined in this subchapter.
(B) Upon determination by the Enforcement Officer that a nuisance exists, the Officer shall post a notice consistent with division (D) below at the nuisance site, directing the person-in-charge and/or owner to abate the nuisance within ten days of the notice.
(C) At the time of posting, the Enforcement Officer shall send a copy of the notice by certified mail to the person-in-charge and/or owner, if different, at the address shown on the county tax records. In addition, the Officer shall prepare a declaration for the file setting out the date, time, and place of the posting as well as the date and time of the mailing of the notice by certified mail.
(D) The notice shall contain:
(1) The street address or legal description sufficient to identify the property or otherwise where the nuisance exists;
(2) A brief description of the nuisance and specific code provision being violated;
(3) A demand that the person-in-charge and/or owner comply with the terms of the code and abate the nuisance within ten days of the date of the notice;
(4) A statement that unless the nuisance is removed, the city may abate the nuisance and the cost of abatement therefor, including administrative costs, and any civil penalties imposed shall be made an assessment lien on the property; and
(5) A statement that the person-in-charge and/or owner may challenge the abatement notice by filing a written petition with the Municipal Court within ten days of the notice and request a hearing to show cause why the nuisance should not be abated.
(E) An error in the contents of the notice shall not void the notice or the ability to proceed toward abatement.
(F) The person-in-charge and/or owner may challenge the abatement notice by filing a written petition with the Municipal Court within ten days of the date of the notice briefly setting out the basis for the challenge.
(G) In the event the person-in-charge and/or owner files a properly and timely written petition with the Municipal Court within the time specified in division (F) above, the Court shall conduct a hearing pursuant to § 91.052.
(Prior Code, § 5.270) (Ord. 2016-13, passed 7-11-2016)