(A) Service. The Department shall serve a written nuisance violation in any of the following ways:
(1) By depositing the notice in the U.S. mail, prepaid first class postage to the name and address of the tax bill owner listed on the City Assessor’s records;
(2) By personal service;
(3) By posting upon the property that is the site of the alleged violation; or
(4) By any other means permitted by law for service of civil summons.
(5) A notice shall be deemed to have commenced to run from the date the notice is mailed. A notice shall be deemed sufficient regardless of whether the addressee accepts or refuses delivery or if it is not deliverable. Notice may also be sent to any other responsible party or person in possession or control of the premises, such as in the case of a rental property, the city may also serve such notice on the occupant.
(B) Contents of notice. Every notice served under this chapter shall contain;
(1) The date;
(2) The address or description of the property sufficient for identification;
(3) Reference the provision of this chapter in violation; brief and reasonable description of the violation;
(4) Demand the abatement of the nuisance by approved processes which will not be injurious to human health or domestic animals;
(5) That the nuisance shall be abated in ten days unless this chapter provides a longer time period for abatement, or arrangements have been made with the Community Development Department for an extension;
(6) Warn the person to which the notice is directed that a failure to accomplish the abatement within the time stated herein may result in filing a court complaint against the person(s) responsible for the violation and/or abatement of the nuisance by the city or its authorized agent; and
(7) The cost or expenses related to the removal by the city shall be charged to the owner; lien filing and foreclosure of lien shall be charged to the owner, when applicable.
(C) Number of notices. Only one nuisance violation notice shall be required to be sent per property during any one calendar year for violations of weeds, prairie plots and pools and only two nuisance violation notices per calendar year for trash and debris and outside storage in residentiaily used or zoned areas. In the event of subsequent violation(s) within the one calendar year time period, the city may file a complaint for the violation of this chapter without further notice.
(Ord. 22-3670, passed 5-4-2022)