(A) Authority to make inspections. Upon the receipt of a written complaint from two unrelated individuals within a 90-day period, the County Environmental Specialist shall be authorized to visit, enter into or upon the building, lot, grounds or premises within the limits of the unincorporated areas of the county for the purpose of ascertaining and discovering any nuisances to make examination thereof.
(B) Initial finding of nuisance. Where, upon inspection, reasonable cause is found to believe that a nuisance exists, the Environmental Specialist shall issue a written report stating the factual basis for finding that a nuisance exists (the “initial finding”). The Environmental Specialist shall submit a copy of its report to the Enforcement Authority. In addition, if an agency department or office of the state has jurisdiction over the type of nuisance determined to exist, the Environmental Specialist shall also notify the appropriate state agency, department or office of his or her findings.
(C) Abatement notice. Where, upon review of and concurrence with the initial finding, the Enforcement Authority may take enforcement action, including the issuance of an order to abate the nuisance as set forth in an abatement notice.
(D) Persons entitled to notice. Abatement notices shall be served upon any person who allegedly created the nuisance and on all persons holding a fee interest, life estate interest or equitable interest of a contract purchaser in the real estate upon which the nuisance is alleged to exist, as shown in the records of the County Auditor.
(E) Content of the notice. The abatement notice must contain the following:
(1) The name of the person, corporation, partnership, sole proprietorship or other legal entity to which the order is issued.
(2) The legal description or address of the real estate where the nuisance is located which is the subject of the notice, if applicable.
(3) The action that the notice requires. The ordered action must be reasonably related to abatement of the conditions constituting the nuisance.
(4) The period of time within which the action ordered is required to be accomplished, measured from the time when the abatement notice is served. The time allowed must be a sufficient amount of time, of at least 48 hours from the time when the abatement notice is served, to accomplish the required action. If the notice allows for more than 30 days to accomplish the action, the notice may require that a substantial beginning be made in accomplishing the action within the initial 30-day period following service of the notice.
(5) A statement that the order becomes final ten calendar days after notice is served, unless a hearing is requested in writing by the citizen, corporation, partnership, sole proprietorship, other legal entity, the tenant or occupant or by a person holding a substantial property interest in the private premises upon which the nuisance is alleged to exist. The request for a hearing must be served upon the Enforcement Authority prior to the expiration of the aforementioned ten calendar-day period.
(6) A statement briefly indicating what action can be taken by the county if there is noncompliance with the orders contained in the abatement notice.
(7) The name, business address and business telephone number of the Enforcement Authority.
(F) Manner of giving notice. Service of abatement notices shall be made by any of the following means:
(1) Sending a copy of the notice by registered or certified mail to the business address of the persons described in § 94.04(C), or the residence or place of business or employment of the person to be notified, with a return receipt requested;
(2) Delivering a copy of the notice personally to the persons to be notified;
(3) Leaving a copy of the notice at the business address of the persons to be notified, or the dwelling or usual place of abode of the person to be notified;
(4) Posting a copy of the notice in a prominent place upon the premises where the nuisance is located; or
(5) If, after a reasonable effort, service cannot be obtained by any of the means described in this division, service may be made by publishing the notice in a newspaper of general circulation in the county. Publication shall be made one time.
(G) Effective date of notice. The date when notice is considered given is as follows:
(1) If the notice is delivered personally or left at the business office or dwelling or usual place of abode, notice is considered given on the day when the abatement order is delivered to personally or left at the business office or the person’s dwelling or usual place of abode.
(2) If the notice is mail, notice is considered given on the date shown in on the return receipt, or, if no date is shown, on the date when the return receipt is received by the County Auditor;
(3) Notice by publication is considered given on the date of publication.
(Ord. 2013-5, passed 5-7-2013)