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(A) Notice. Upon determination by the Code Enforcement Officer or designee that a nuisance exists, the City Recorder shall cause a notice to be sent to the person responsible to abate the nuisance. The notice to abate shall contain:
(1) A description of the real property, by street or otherwise, on which the nuisance exists;
(2) A direction to abate the nuisance within ten days from the date of the notice;
(3) A description of the nuisance;
(4) A statement that, unless the nuisance is removed, the city may abate the nuisance and the cost of abatement will be charged to the person responsible and could become a lien on the property;
(5) A statement that failure to abate a nuisance may result in a civil penalty;
(6) A statement that the person responsible may protest the order to abate by giving notice to the City Recorder within ten days from the date of the notice, together with a statement from the person responsible as to why he or she feels no nuisance exists; and
(7) If the person responsible is not the owner, an additional notice shall be sent to the owner stating that the cost of abatement not paid by the person responsible may be assessed to and become a lien against the property.
(B) Copy. Upon completion, a copy of the mailing shall be kept at City Hall.
(C) Errors. An error in the name or address of the person responsible shall not make the notice void.
(D) Abatement by the person responsible.
(1) Within ten days after the mailing of the notice, as provided in division (A) above, the person responsible shall remove the nuisance or show that no nuisance exists.
(2) A person responsible, protesting that no nuisance exists, shall file with the City Recorder a written statement which shall specify the basis for so protesting.
(3) The statement shall be referred to the City Council as a part of its regular agenda at its next succeeding meeting. At the time set for consideration of the abatement, the person protesting may appear and be heard by the Council, and the Council shall determine whether or not a nuisance, in fact, exists; and the determination shall be entered into the official minutes of the Council. Council determination shall be required only in those cases where a written statement has been filed as provided.
(4) If the Council determines that a nuisance does, in fact, exist, the person responsible shall, within ten days after the Council determination, abate the nuisance.
(E) Joint responsibility. If more than one person is a person responsible, they shall be jointly and severally liable for abating the nuisance or for the costs incurred by the city in abating the nuisance.
(F) Abatement by the city.
(1) If, within the time allowed, the nuisance has not been abated by the person responsible, the city may cause the nuisance to be abated.
(2) The officer charged with abatement of the nuisance, or others as necessary acting under the direction of the officer, shall have the right at reasonable times to enter into or upon the property in accordance with law to investigate or cause the removal of the nuisance.
(3) The City Recorder shall keep an accurate record of the expense incurred by the city in physically abating the nuisance and shall include therein a reasonable charge for administrative overhead.
(Ord. 01-2004, passed 9-8-2003; Ord. 02-2008, passed 4-14-2008) Penalty, see § 90.99