It shall be the duty of every owner, occupant, lessee or mortgagee of real estate in the municipality to keep such real estate free of public nuisances. Upon determination by the Board of Health that said owner, occupant, lessee or mortgagee has failed to keep such real estate free of public nuisances, the governing body shall thereupon cause notice to be served upon the owner, occupant, lessee, mortgagee or agent thereof, by publication and by certified mail. Such notice shall describe the condition as found by the Board of Health and state that said condition has been declared a public nuisance, and that the condition must be remedied at once. If the person receiving the notice has not complied therewith or taken an appeal from the determination of the Board of Health within five days after receipt of certified mail or within five days after date of publication whichever is later, the Board of Health shall notify the governing body of such noncompliance and the governing body shall, upon receipt of such notice, cause a hearing date to be fixed and notice thereof to be served upon the owner, occupant, lessee, mortgagee or agent of the real estate. Such notice of hearing shall be by personal service or certified mail and require such party or parties to appear before the governing body to show cause why such condition should not be found to be a public nuisance and remedied. A return of service shall be required by the governing body. Such notice shall be given not less than five days prior to the time of hearing; provided that, whenever the owner, lessee, occupant or mortgagee of such real estate is a non-resident or cannot be found in the state, then the Municipal Clerk shall publish, in a newspaper of general circulation in the municipality, such notice of hearing for two consecutive weeks, the last publication to be at least one week prior to the date set for the hearing. Upon the date fixed for the hearing and pursuant to notice, the governing body shall hear all objections made by interested parties and shall hear evidence submitted by the Board of Health. If, after consideration of all of the evidence, the governing body shall find that the said condition is a public nuisance, it shall, by resolution, order and direct the owner, occupant, lessee or mortgagee to remedy the said public nuisance at once; provided, the party or parties may appeal such decision to the appropriate court for adjudication, during which proceedings the decision of the governing body shall be stayed. Should the owner or occupant refuse or neglect to promptly comply with the order of the governing body, the governing body shall proceed to cause the abatement of the described public nuisance. Upon completion of the work by the municipality, a statement of the cost of such work shall be transmitted to the governing body, which is authorized to bill the property owner or occupant, or to levy the cost as a special assessment against the land. Such special assessment shall be a lien on the real estate and shall be collected in the manner provided for special assessments.
(2005 Code, § 4-305)