A. Removal Costs a Lien on the Property. Whenever it comes to the attention of the police chief or zoning administrator that there exists in the city any condition enumerated in this chapter and defined as a nuisance, he shall forthwith give the person in charge or control of the property thereof notice, served upon such person by a police officer of the city or by mailing such notice to his last known address, that such condition exists, and that he shall have five days from the date of such service in which to remedy the same or the city shall cause the same to be remedied. In the event that a person has received notice under this subsection of a nuisance condition upon his land any further violations by said person under this chapter, whether related to the initial violation or not, within 365 days after the date the last notice of such violation was mailed, shall be prosecuted without further notice or warning.
B. Failure to Remedy Nuisance. If a person fails, refuses or neglects to remedy a nuisance within the time allowed after having been served a notice to abate such nuisance, the police chief or zoning administrator may cause such condition to be remedied. Such action shall not provide a defense for failure to comply with this chapter. In the alternative, the city may, immediately after the expiration of the time specified in the notice, bring suit for violation of this chapter.
C. Removal Costs a Lien on the Property. In the event that payment of the actual costs of the abatement of any nuisance by the city under the provisions of this chapter is not made on demand, such costs shall become a lien upon the property from which such nuisance was abated. The amount of such lien shall be added to the tax roll and collected as unpaid taxes. Any such lien may be foreclosed in the manner provided by law for the foreclosure of liens. In the alternative, the city may sue to recover the actual costs expended by the city in the abatement of any nuisance under the provisions of this code.
(Ord. 81-54 § 1(B), (C), (D), 1980; Am. Ord. 95-14, 1995)