§ 97.09  ABATEMENT PROCEDURE.
   (A)   Procedure. Whenever a designated official determines that a public nuisance is being maintained or exists on the premises in the city, the official shall notify in writing the owner of record or occupant of the premises of the fact and order that the nuisance be terminated or abated. The notice of violation shall specify the steps to be taken to abate the nuisance and the time within which the nuisance is to be abated, which time shall in no event exceed 30 days.  Service of notice shall be proved by filing an affidavit of service in the office of the city administrator setting forth the manner and time thereof. 
   (B)   Appeal.  The occupant or owner of record who feels aggrieved by an order issued pursuant to this section may request a hearing before the City Council.  Such request shall be filed in writing with the city within seven days after the date of service of the notice by the city.  The city shall notify the individual requesting a hearing of the date, time and place of the hearing before the Council.  The hearing shall be held no more than 30 days after the filing of the request.  The City Council shall make findings to determine if a nuisance condition exists, as set forth in the notice of violation.  If the Council determines a nuisance condition exists that is not set forth in the notice of violation it may cause a new notice of violation to be issued.  If the Council determines a nuisance condition exists that is not set forth in the notice of violation it may cause a new notice of violation to be issued.  If the Council determines a nuisance condition exists, the Council shall specify the steps to be taken to correct the condition and set a compliance date no more than 20 days from the date of the hearing.
   (C)   Failure to hold the hearing within the timelines set forth herein terminates the process identified in division (A) of this section but does not preclude the officer of the city from issuing any subsequent notices or criminal charges.
   (D)   Order of abatement.  Upon lack of compliance by the date in the notice in division (A) of this section or in the Council order in division (B) of this section, the city may issue an order of abatement as identified in § 97.10.
(Ord. 517, passed 10-26-2009; Am. Ord. 553, passed d3-14-2016)  Penalty, see § 97.99