(a) The director is hereby authorized to give notice to the owner of any property upon which a nuisance under this division exists to abate the nuisance.
(b) If the owner of the property does not comply with an abatement notice issued by the director within ten days after the date the notice is received, the director may:
(1) Enter the property and do or cause to be done any work or improvements required to abate the nuisance; and
(2) Pay for the work or improvements done and charge the expenses to the owner of the property.
(c) The notice must be given:
(1) Personally to the owner in writing;
(2) By letter addressed to the owner at the owner’s post office address; or
(3) If personal service cannot be obtained or the owner’s post office address is unknown:
a. By publication 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.
(d) Notice will be deemed to have been received:
(1) For personal service, as of the date the notice was given personally to the owner;
(2) For mailed notice, three days after it was mailed;
(3) For notice by publication, on the date that the last notice was published in the official newspaper; or
(4) For notice by posting, ten days after notice was posted.
(e) The director in the notice of a violation may inform the owner by certified mail, return receipt requested, that if the owner commits another violation of the same kind or nature that poses a danger to the public health and safety on or before the first anniversary of the date of the notice, the city without further notice may correct the violation at the owner’s expense and assess the expense against the property.
(f) If a violation covered by a notice under subsection (e) above occurs within the one-year period, and the director has not been informed in writing by the owner of an ownership change, then the city without notice may take any action permitted by subsections (b)(1) and (b)(2) above.
(g) If a nuisance presents an immediate danger to the health, life or safety of any person or to the environment, the director may, without complying with the notice provisions of this section or without waiting the ten-day period, enter the subject property and:
(1) Do or cause to be done any work or improvements necessary to abate the nuisance and remediate and restore the environment; and
(2) Pay for the work or improvements done and charge the expenses to the owner of the property.
(Ord. 12931, § 1, passed 3-25-1997)