§ 94.17  NOTICE TO REMOVE OR ABATE NUISANCE.
   (A)   Upon becoming aware of nuisance conditions set forth herein, the Code Enforcement Officer or his or her designated representative shall make a determination whether or not the conditions and circumstances constitute a nuisance as herein defined.  If it is determined that the conditions constitute a nuisance, the Code Enforcement Officer shall cause a written notice to be given to the owner, tenant or person in control of the premises, or an agent thereof, to remove or abate the nuisance.  Such notice shall state the nature of the nuisance and that it must be removed or abated within ten days and that failure to do so may cause a complaint to be filed in Municipal Court for violation of maintaining a nuisance.  Such notice shall be given by delivering the written notice personally or by leaving it at his or her dwelling or usual place of abode with some person of suitable age and discretion residing therein or by mailing the written notice to his or her last known post office address.  If the whereabouts of the owner of the property is unknown, the notice shall be mailed to the last known address listed on the tax roll and by publication in the official newspaper and a regional newspaper of general circulation in the area for at least two times within ten consecutive days.  Where the notice is mailed it shall be prima facie evidence of service if an executed return receipt is received.
   (B)   Where after diligence has been exercised to serve notice to the owner, tenant, or person in control of the premises, or agents thereof, and such notice cannot be delivered and/or where such notice has been served but the nuisance has not been removed or abated within the ten-day period, the Code Enforcement Officer shall then cause a summons to be obtained and delivered to the owner, tenant, or person in control of the premises, or an authorized agent thereof, requiring such condition to be abated or to appear before the Municipal Court of the city at a stated time and place.  The summons shall be served to the defendant by a peace officer by delivering a copy to him personally; or leaving it at his usual place of abode with some person of suitable age and discretion residing therein; or by mailing it to the defendant’s last known address by certified mail, return receipt requested.  The summons shall state the nature of the nuisance on the property and that it must be removed or abated within ten days or the complaint will be heard in Municipal Court for violation of maintaining a nuisance as defined in this subchapter.  And furthermore, any person found guilty of maintaining such nuisance shall be guilty of a misdemeanor and be subject to a fine for each offense and that the Municipal Court shall order the removal and abatement of the nuisance.
(`88 Code, Ch. 7, § 13.03)  (Ord. 260, passed 1-10-89; Am. Ord. O-2008-010, passed 3-11-08)