Where, upon inspection, reasonable cause is found that a violation of this subchapter exists, the Compliance Officer shall issue a written abatement notice.
(A) An abatement notice shall be served upon all known holders of substantial property interests in the real estate upon which the violation is alleged to exist.
(B) The abatement notice under this subchapter shall be on a form approved by the Howard County Recycling District's Board of Directors.
(C) The abatement notice issued shall include the name of the person to whom the order is issued, a legal description or physical address of the location of the alleged violation, a brief description of the nature of the alleged violation together with the provision of the subchapter alleged to have been violated, the date and time when the report was observed, occurred or was filed, the name of the person issuing the warning, the date the warning was issued, the action the notice requires and potential fines for non-compliance.
(D) The action that the abatement notice requires must be reasonably related to abatement of the conditions constituting the violation.
(E) The period of time within which the action ordered is required to be accomplished, measured from the time when the abatement notice is served. The time allowed must allow a sufficient time, of at least 48 hours from the time the abatement notice is served, to accomplish the required action. If the notice allows more than 30 days to accomplish the action, the notice may require that a substantial beginning be made in accomplishing the action within the initial 30 day period following service of the notice.
(F) A statement that the order becomes final ten calendar days after notice is served, unless a hearing is requested in writing by the owner of record, the tenant or occupant, or by a person holding a substantial property interest in the private premises upon which the nuisance is alleged to exist. The request for a hearing must be served upon the enforcement authority prior to the expiration of the aforementioned ten calendar day period.
(G) A statement briefly indicating what action can be taken by the Howard County Recycling District or enforcement authority if there is non-compliance with the orders contained in the abatement notice.
(H) The name, business address, and business telephone number of the enforcement authority.
(I) Service of abatement notices shall be made by any of the following means:
(1) Sending a copy of the notice by registered or certified mail to the residence or place of business or employment of the person to be notified, with return receipt requested.
(2) Delivering a copy of the notice personally to the person to be notified.
(3) Leaving a copy of the notice at the dwelling or usual place of abode of the person to be notified.
(4) Posting a copy of the notice in a prominent place upon the premises where the nuisance is located.
(5) If, after a reasonable effort, service cannot be obtained by any of the means described in divisions (1) through (4) 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. Publication shall be made one time.
(J) The date when notice is considered given is:
(1) The date left at the dwelling, date of personal service or date signed by certified mail.
(2) Notice by publication is considered given on the date of publication.
(Ord. 6549, passed 8-25-08)