(a) The director may give notice to the owner of the property upon which a nuisance under this article is located, to cease, abate, remove or otherwise remedy such nuisance immediately. If the person creating, maintaining or allowing the nuisance is not the owner of the property, notice shall also be given to such person.
(b) The notice must be given:
(1) Personally to the owner/person in writing; or
(2) By letter addressed to the owner/person at the owner’s/person’s post office address and sent certified mail, return receipt requested. However, if personal or certified mail service cannot be obtained or the owner’s/person’s post office address is unknown, notice may be given:
a. By publication in the official newspaper of the city at least twice within ten consecutive days;
b. By posting the notice on or near the front door of each building on the property to which the violation relates; or
c. By posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates, if the property contains no buildings.
(c) If the property owner/person does not comply with the notice within ten days of service, the director may enter the property containing the nuisance and do any work necessary to abate the nuisance, except the demolition of buildings.
(d) If the immediate abatement of the nuisance is deemed necessary by the director to protect the public health, safety or welfare from an imminent and substantial endangerment, the director may, without complying with the notice provisions of this section or without waiting the ten-day period, enter the property containing the nuisance and do or cause to be done any work the director deems necessary to abate the nuisance.
(e) After abating the nuisance, the director may inform the owner/person in a notice sent certified mail, return receipt requested, that if the owner/person commits another violation of the same kind or nature that poses a danger to the public health, safety or welfare on or before the first anniversary date of the original notice, the city may without further notice correct the violation at the owner’s expense and assess the expense against the property.
(f) All costs incurred by the city to abate a nuisance, including the cost of giving notice as required, shall be initially paid by the city and charged to the owner of the property.
(g) To obtain a lien against the property, the director shall file a statement of expenses with the county clerk for the county in which the property is located. The lien statement shall state the name of the owner, if known, and the legal description of the property. The lien shall be security for the costs incurred and interest accruing at the rate of 10% on the amount due from the date of payment by the city.
(h) The lien is inferior only to:
(1) Tax liens; and
(2) Liens for street improvements.
(Ord. 12553, § 1, passed 6-18-1996)