(A) Upon the agency's own information or upon written complaint by a member of the public that a public nuisance has been created by allowing rubble, debris, junk, or refuse to accumulate resulting in conditions that are injurious to health, indecent, offensive to the senses, or obstruct the free use of property, the agency shall inspect the property alleged to be in violation of this chapter. Upon inspection the agency shall determine whether there is a violation of this chapter. (Ord. 1696, 3-1-2004)
(B) If there appears to be a violation of this chapter, the agency shall notify the owner of the property in writing of the violation. This notice shall be sent by certified mail. This notice shall include a statement specifically describing the violation.
(C) The notice of violation to the owner shall specify that the owner has thirty (30) days from receipt of such notice within which to become in compliance with this chapter by means of removal or shielding of the conditions.
(D) The owner may, after notification of violation, submit a plan of abatement to the agency which shall include: 1) type of abatement or shielding if allowed; 2) date for commencement of action; and 3) reasons, if appropriate, why abatement cannot be started within the thirty (30) days. The agency may accept such plan and defer further proceedings under this chapter pending abatement.
(E) After thirty (30) days or the date agreed to by owner and agency, not to exceed ninety (90) days, the agency shall determine whether the violation has been abated by the owner.
(F) If the owner has failed to act, the agency shall send a notice setting a date and time for hearing before the city court notifying the owner to appear to show cause why the violation has not been abated.
(G) A show cause hearing will be held by the city court. Both the city agency and the owner may give evidence. At the end of the hearing, the court shall determine if proper notification was made and if the violation exists. The owner shall be ordered to abate it within a reasonable time.
(H) If, after a show cause hearing, the owner has not complied with the court ordered abatement, the agency may send written notification by certified mail and allow ten (10) days further to complete abatement. Ten (10) days after receipt of notice by owner, the agency may enter upon the owner's property with the specific purpose of abating or shielding the violation, whichever the agency deems appropriate.
(I) The agency may assess the property owner/user for the actual costs of the abatement.
(J) Nonpayment of the assessment by the agency may be taken as a lien upon the property and is enforceable as is nonpayment of property taxes. (Ord. 1650, 9-8-1998)