(A) It shall be unlawful for the owner, occupant or person having control or manage-ment of any land within the city to permit a public nuisance, health hazard or source of filth to develop or exist thereon.
(B) Whenever a nuisance situation is discovered, it shall be the duty of the Code Enforcement Officer to serve or cause to be served a notice on the owner or occupant thereof on which there is kept or maintained any nuisance in violation of the provisions of this chapter and to demand the abatement of the nuisance in within five days of the service of the notice unless the nuisance constitutes an immediate danger to the health and well-being of the community. If such danger is present, the nuisance shall be abated within 24 hours of notice.
(1) Notice shall be served upon persons by hand delivery or the notice shall be sent by certified mail to the last known address of the owner of the property as it appears on the current assessment roll. If the whereabouts of the persons is unknown and cannot be ascertained, the city shall make an affidavit to that effect, and the serving of notice may be made by publication in a newspaper of general circulation for two consecutive days.
(2) A copy of the notice shall be posted on a conspicuous place on the premises and shall be recorded in the office of the Kenton County Clerk.
(C) Upon the failure of the owner or occupant of the property to comply with the notice, the Code Enforcement Officer is authorized to send employees, or other persons or firms onto the property to remedy the nuisance, keeping an account of the expense of the abatement, and the expense shall be charged to and paid by the owner or occupant.
(D) The city shall have a lien against the property for the reasonable value of labor and materials used in remedying the nuisance situation. The affidavit of the Code Enforcement Officer shall constitute prima facie evidence of the amount of the lien and the regularity of the proceedings pursuant to state law and this section, and shall be recorded in the office of the Kenton County Clerk. The lien shall be notice to all persons from the time of its recording and shall bear interest at the rate established by the city thereafter until paid. The lien created shall take precedence over all other subsequent liens, except state, county, school board and city taxes, and may be enforced by judicial proceeding. In addition to this remedy or any other remedy authorized by law, the owner of a property upon which a lien has been attached pursuant to this section shall be personally liable for the amount of the lien, including all interest, civil penalties and other charges and the city may bring a civil action against the owner and shall have the same remedies as provided for the recovery of a debt owed. The City Attorney is authorized and directed to institute such proceedings, in the name of the city, in any court having jurisdiction in the matter, against any property for which the bill has remained unpaid 60 days after it has been rendered.
(E) In addition to the abatement procedures set forth in division (A) above, any police officer may serve a notice of the existence of a nuisance on the owner, occupant or person having control or management of any land within the city upon which the nuisance exists or upon the person creating the nuisance as set forth in §§ 92.02 and 92.03. If the person receiving the notice does not abate the nuisance within the time and as provided under division (A), a citation for violation of this section may be issued citing the person so served to appear in the Kenton County District Court.
('88 Code, § 92.04) (Am. Ord. 1991-18, passed 11-18-91; Am. Ord. 1999-15, passed 12-6-99)