(a) Duty to notify owner. Whenever the code official has reason to believe that a public nuisance exists in or upon property, he shall notify the owner of the property, and any representative designated by the owner pursuant to subsection (c) below, that the property is being used in a manner so as to constitute a public nuisance and that the public nuisance must be abated.
(b) Failure to abate. Should the owner fail to abate the public nuisance after receiving the notice required by subsection (a), above, it shall be the duty of the code official to serve or cause to be served a citation upon the owner of the premises upon which there is kept or maintained a public nuisance in violation of section 12-61. In addition to prescribing a civil fine as authorized by section 12-64, the citation may also demand that the violation be abated within a prescribed time. If the violation is not abated within the prescribed time, the urban county government may issue an order closing and vacating the premises to the extent necessary to abate the public nuisance. Such closing and vacating shall be for such period of time as the code official reasonably may direct, but in no event shall the closing and vacating be for a period of more than one (1) year from the date of closing. An order to close and vacate issued pursuant to this section is not an act of possession, ownership or control by the urban county government. An order to close and vacate order shall be rescinded within fourteen (14) days of an abatement, unless such premises are the site of repeated orders to close and vacate. The urban government may take reasonable steps to enforce the order to close and vacate the premises to the extent necessary to abate the public nuisance should the owner fail to do so. The urban county government shall keep an account of the expense of the abatement, including the reasonable value of labor and materials used and a reasonable administrative fee, and such expense shall be charged to and paid by the owner.
(c) Service of citation order to close and vacate. A citation issued under this section shall conform with section 2B-6 of the Code of Ordinances. An order to close and vacate shall be served in the same manner as the citation, and shall also be posted in a conspicuous place on the premises affected by the notice. Any property owner may voluntarily file with the division of police a completed certificate, on a form provided by the division, that provides the name and address of a management company or designated representative with authority over the subject property or an alternative address of the property owner to which all notices issued under this article also shall be served.
(d) Right to a hearing and appeal. Any person issued a citation or order to close and vacate under this section shall have the right to a hearing before an assigned hearing officer acting on behalf of the administrative hearing board established pursuant to section 12-6, as further provided under chapter 2B of the Code, as well as any additional appeal provided thereunder.
(e) Lien. The county government shall possess a lien on the subject property in accordance with section 2B-9 of the Code of Ordinances for all civil fines and the cost of any abatement, including a reasonable administrative fee, issued or incurred under this section.
(Ord. No. 332-98, § 2, 12-10-98; Ord. No. 24-2013, § 3, 3-7-13; Ord. No. 84-2015, § 1, 7-7-15 ; Ord. No. 220-2016 , § 15, 12-6-16)