A. Administrative Notice: When the code enforcement officer determines that a nuisance exists, and is unable to secure voluntary correction, the code enforcement officer may issue an administrative notice to the responsible person. The code enforcement officer may issue an administrative notice without having attempted to secure voluntary correction as provided herein under the following circumstances:
1. When an emergency exists;
2. When the code enforcement officer representative is unable to locate or determine the identity of the responsible person; or
3. When the city designated representative determines other reasons exist which make it impractical or useless to attempt to engage in efforts to obtain voluntary abatement.
B. Content Of Administrative Notice: The administrative notice shall include the following:
1. The name and address of the responsible person; and
2. The street address of the nuisance or a description sufficient for identifying the building, structure, premises, or land upon or within which the nuisance is occurring; and
3. A description of the nuisance; and
4. The required corrective action; and
5. The completion date and a notice that the city may abate the nuisance and charge the responsible person for all abatement costs if the responsible person does not correct the nuisance before the completion date; and
6. The time for appealing the administrative notice to the city designated representative and the procedure for filing an appeal.
7. A statement that the city may abate the nuisance and assess costs and expenses of abatement and a monetary fine against the responsible person if the correction is not completed by the responsible person and approved by the city designated representative before the completion date. A copy of a recommended form of written notice is attached to the ordinance codified herein as exhibit A.
C. Service Of Administrative Notice: The city designated representative shall serve the administrative notice upon the responsible person, either personally or by mailing, certified, return receipt requested, a copy of the administrative notice to the responsible person at their last known address. If the responsible person cannot after due diligence be personally served within Emery County and if an address for mailed service cannot after due diligence be ascertained, notice shall be served by posting a copy of the administrative notice conspicuously on the affected property or structure. Proof of service shall be made by a written declaration under penalty of perjury executed by the person effecting the service, declaring the time and date of service, the manner by which the service was made, and if by posting, the facts showing that due diligence was used in attempting to serve the person personally or by mail.
D. No Extension: No extension of the time specified in the administrative notice for correction of the nuisance may be granted, except by order of the city designated representative. (Ord. 2009-04, 2-10-2009, eff. 2-10-2009)