(A) (1) In all cases where there is found to be noncompliance with the provisions of this subchapter, the owner of the property found to be in noncompliance shall be notified by the Street Department by any of the following means:
(a) By certified mail addressed to the owner;
(b) By personally delivering and serving a copy of said notice upon the person to be notified;
(c) By leaving a copy of said notice at the dwelling or usual place of abode of the person to be notified;
(d) Posting a copy of the notice in a prominent place upon the premises where the violation has occurred;
(e) If, after a reasonable effort, service cannot be obtained by any of the means outlined in subsections (1)(a) through (1)(d) above, service may be made by publishing the notice in a newspaper of general circulation in the county in which the property subject to the notice is located.
(2) Proof of service. When service is made by any of the means described in this section, except by mailing or by publication, the person making service must make an affidavit stating that he or she has made the service, the manner in which service was made, to whom the order or statement was issued, the nature of the order or statement, and the date of service. The affidavit shall be placed on file with the Street Department. Where service is made by mailing, proof of service will be evidenced by the postal service return receipt signed by the recipient. Where service is made by publication, service shall be evidenced by the publisher's certificate.
(3) Effective date of notice. The date when notice is considered given as follows:
(a) If the notice is delivered personally or left at the dwelling or usual place of abode, notice is considered given on the day when the order or statement is delivered to the person or left at his or her dwelling or usual place of abode.
(b) If the notice is mailed, notice is considered given on the date shown on the return receipt, or, if no date is shown, on the date when the return receipt is received by the Street Department.
(c) Notice by publication is considered given on the date of publication.
(B) The notice shall briefly describe the nature of the noncompliance and indicate what corrective action is required.
(C) The property owner so notified will have five days from receipt of the notice to take the corrective action indicated.
(D) Should the corrective action not be taken within the time specified herein, the city shall take such action at the expense of the property owner involved.
(E) The charge assessed against the property owner described in division (D) above will be based upon the actual cost to the city and may include, but not be limited to, labor and equipment costs of city employees and machinery and costs charged to the city by private individuals or firms contracted by the city to perform the required corrective action. In no case shall the charge be less than $25.
(F) A billing statement outlining the charges incurred by the city shall be sent to the property owner in noncompliance. Should arrangements not be made to pay these charges within ten days of the mailing of the billing, the city may commence action in a court of competent jurisdiction to enforce collection of the charges incurred by the city.
(Ord. 5153, passed 2-8-82; Am. Ord. 6421, passed 4-24-06) Penalty, see § 95.99