When any public nuisance as set out in§ 12-3-21 is found to exist on any property within the city, or within one mile thereof, the following procedure shall be followed:
(A) Whenever a determination by a building inspector is filed with the Code Enforcement Supervisor or officer that a public nuisance as set out in§ 12-3-21 is found to exist on any property, the Code Enforcement Supervisor or officer shall cause to be served upon the owner and the parties in interest in the manufactured home and of the premises where the nuisance is located a notice stating the determination and containing a notice that a hearing will be held before the Code Enforcement Supervisor or officer at a place therein fixed, not less than ten days nor more than 30 days after the mailing of the notice. The owner or any party in interest shall have the right to file an answer and to appear in person, or otherwise, and give testimony at the place and time fixed in the notice. Any person desiring to do so may attend the hearing and give evidence relevant to the matter being heard. The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the Code Enforcement Supervisor or officer.
(B) If the Code Enforcement Supervisor or officer determines, after such notice and hearing, that a public nuisance exists, the Code Enforcement Supervisor or officer shall notify the owner of the manufactured home and of the premises where the nuisance is located that conditions exist which constitute a public nuisance and unless the condition is abated within 15 days from the date of the notice, the conditions constituting a nuisance will be abated and the cost of abatement, including an administrative fee, if not paid, shall constitute a lien against the premises.
(C) The Code Enforcement Supervisor or officer is hereby given full power and authority to enter upon the premises involved for the purpose of abating the nuisance found to exist as herein set out. If any owner served with notice shall fail or refuse to correct or eliminate the condition causing the nuisance within 15 days after such notice has been given, the Code Enforcement Supervisor or officer may proceed to abate the nuisance by utilization of city forces or an outside contractor. The Code Enforcement Supervisor or officer may allow the owner additional time to correct or eliminate the condition causing the nuisance if he or she determines that the failure to correct or abate the condition was caused by factors not within the control of the owner.
(D) After the abatement of the nuisance, the Code Enforcement Supervisor or officer shall make a written report of the actual cost incurred by the city and shall deliver the report to the City Revenue Supervisor. The owner of the premises shall be liable to the city for the actual cost incurred by the city in the nuisance abatement including an administrative fee. Such cost, if not paid, shall be charged against the property owner and shall be collected in the same manner and at the same time as the ad valorem taxes of the owner are collected and the costs shall be a lien on the real property subject only to the lien of the city and county ad valorem taxes thereon.
(Ord. No. 00-20, §§ 1, 2, passed 2-10-2000; Ord. No. 23-083, § 1, passed 12-14-2023)