523.03   ORDER FOR ABATEMENT OR VACATION OF PREMISES.
   (a)   Whenever the health authority of the City ascertains, from examination or reports of its inspectors or sanitary officers or otherwise, that a public nuisance exists as defined in Section 523.02, in or upon any structure or building or portion thereof, and is of the opinion that such nuisance is capable of being abated without immediate vacation of the premises or such portion thereof, and serves notice upon the owner of such house, or his or her lessee or agent, or the person in possession, charge or control thereof directing him or her to abate such nuisance and remove the unclean or unsanitary conditions within such reasonable time as may be fixed by the authority and specified in the notice, the owner, agent or person shall abate such nuisance within such time. Whenever this abatement does not take place within such time, or whenever in the opinion of the authority such abatement is impossible or impracticable without an immediate vacation of the house or portion thereof, and such board serves notice upon the owner, lessee, agent, or person in possession, charge or control thereof to vacate or cause the vacation of such house or portion thereof designated in the notice, the owner, lessee, agent or person shall vacate or cause the vacation of the notice, or within a shorter time, not less than 24 hours in any case, as may be specified in the notice. Whenever, either in addition to or without the service of these notices on the owner, lessee, agent or person in possession, charge or control, the authority is of the opinion that such nuisance can be abated by a tenant or other occupant of such house or portion thereof, and such notices, either for abatement of the nuisance or of vacation of the premises, are served upon the tenant or other occupant, then it shall be the duty of such tenant or other occupant to comply with the terms of such notices and to abate the nuisance or vacate the premises accordingly. After any such notice or order of vacation, no person shall occupy or permit the occupancy of such premises or portion thereof until the nuisance has been completely abated and such building or portion thereof has been rendered clean and sanitary in accordance with the terms of the notices of the health authority.
   (b)   When there is no owner, agent, lessee or person in charge, possession or control who is a resident of or can be served in the City, then personal service outside of the City on any such owner, agent, lessee or person in charge, possession or control by anyone delegated by the authority to make such service or by registered letter, or if the address of the owner, lessee, agent or person in possession, charge or control is unknown, or service is not secured by registered letter after effort to do so, by notice by publication once a week for two consecutive weeks in any newspaper of general circulation in the City, or posting or attaching to or on the outside of the structure or building, a copy of the notice or order consecutively for two weeks, shall have the same effect as service within the City.
   (c)   (1)   The Building Inspector shall examine or cause to be examined every building or structure, or portion thereof, reported as or believed to be an unsafe building. He or she shall give written notice to the owner or owners of record, including any purchasers under a recorded land contract, and to the persons occupying the building if they are not the owners thereof. The written notice shall specifically state the defects that cause the building or structure to be unsafe and shall state that the work shall commence within 30 days and continue work, either to complete the specified repairs or improvements, or to demolish and remove the building or structure, or portion thereof, leaving the premises in a clean, safe, and sanitary condition, such condition being subject to the approval of the Building Inspector; excepting that, in cases of emergency making immediate repairs necessary, the Building Inspector may order the change or demolition to be made within a shorter period. The notice shall also require the building or portion thereof to be vacated forthwith by the occupants thereof.
      (2)   Proper service of such notice shall be by personal service, registered or certified mail; provided, however, that such notice shall be deemed to be properly served if a copy thereof is sent to the last known address.  If any of the parties cannot be located, nor can his or her address be ascertained, this notice shall be deemed to be properly served if a copy thereof is placed in a conspicuous place in or about the building or structure affected by this notice.
   (d)   Whoever violates this section is guilty of a minor misdemeanor. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(Ord. C42-74. Passed 7-1-74.)