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A. Appointment: There is hereby established the position of nuisance inspector, whose duties it shall be to enforce the provisions of this chapter. More than one person may be appointed to act as nuisance inspector under this section.
B. Duties: The nuisance inspector is authorized to:
1. Perform all functions necessary to enforce the provisions of this chapter.
2. Inspect or cause to be inspected, as often as needed, all buildings, structures, lots or places for the purpose of determining whether such are in compliance with the provisions of this chapter.
C. Existence Of Objectionable Condition: If he concludes there exists an objectionable condition in violation of this chapter, the nuisance inspector shall:
1. Ascertain the names of the owners and occupants and descriptions of the premises where such objects and conditions constituting a nuisance exist.
2. Serve notice in writing upon the owner and occupant of such premises, either personally or by certified mail, addressed to the owner and occupant at their last known post office addresses as disclosed by the records of the county assessor, or as otherwise ascertained, requiring such owner or occupant, or both, as the case may be, to eradicate or destroy and remove the nuisance within such time as the nuisance inspector may designate; provided, that any person notified pursuant to this subsection have twenty (20) days following the date of service of such notice to correct the objectionable condition or request a hearing on the same. The nuisance inspector shall make proof of service of such notice under oath, and file the same in the office of the county treasurer. The notice shall:
a. Contain a specific statement of the nature of the violation and a description of the premises on which the violation exists.
b. Inform the owner, or occupant that in the event he disagrees with the determination of the nuisance inspector and does not wish to comply with the provisions of the notice or that he objects to the factual or legal basis for the notice, he may, within twenty (20) days following service of the notice, request in writing a hearing before the city council at a time and place to be set by the city council.
c. Inform the person that in the event he fails or neglects to either correct the objectionable condition, or request a hearing within the time limit given within the notice, the city may either pursue legal action against him or correct the objectionable conditions, in which case it will collect the costs of such correction by either charging the cost of correcting violation against the property as a tax, or filing a court action for such collections, in which case the person will also be assessed reasonable attorney fees and court costs related to such action. Said notice shall also inform the owner that his failure to correct the objectionable condition or request a hearing within the time limits given shall constitute a waiver and consent by him that the city and its agents may thereafter freely enter onto his property to correct the condition.
3. In the event the owner or occupant makes a request for a hearing, the city council shall immediately set the time and place for a hearing the city recorder shall notify the owner, and occupant and other persons having an interest in said property or the condition thereof in writing of the time and place of the hearing. The hearing shall be heard within ten (10) days from the date of service or mailing of the notice of hearing. (Ord. 2001-04, 5-16-2001)