§ 91.04  INITIATING NUISANCE COMPLAINT; ENFORCEMENT; NOTICE; SERVICE AND CONTENTS.
   (A)   Generally. Enforcement of this chapter shall be administered by the County Nuisance Hearing Board and Hearing Officer, and any citizen aggrieved, including, but not limited to, any citizen owning property adjacent to the property on which the alleged nuisance exists, may apply to the Board through the office of the County Judge/Executive to obtain an investigation by the Hearing Officer to determine whether a nuisance exists on the offending premises. The County Judge/Executive shall, within ten days of receiving a complaint, forward a copy of the complaint to the Hearing Officer and the magistrate in whose district the property complained of is located.
   (B)   Investigating the complaint. Upon investigating the complaint, the Hearing Officer shall determine whether a nuisance exists on the offending premises. If the Hearing Officer determines that a nuisance exists on the offending premises, the Hearing Officer shall proceed to provide notice of the violation to the owner of the offending premises. The determination of the Hearing Officer that a nuisance exists shall be final unless the owner of the premises requests a hearing before the Hearing Board within 30 days of notice being received by the owner of the premises.
   (C)   Provision of notice.
      (1)   Notice shall be provided to the owner of premises on which the nuisance exists by personal service or by sending the notice via certified mail to the last known of address of such owner, and by posting the notice conspicuously upon the offending premises.
      (2)   The notice shall include the following:
         (a)   The notice shall described the nuisance and demand that the nuisance shall be abated within 30 days of the notice, unless such nuisance constitutes an immediate danger to the health and well-being of the community, or adjoining property owners, in which case the notice shall demand abatement within 24 hours of the notice;
         (b)   A statement to the effect that a determination has been made that a violation has been committed and that if the nuisance is not abated within the prescribed time, the local government or any individual or entity acting on its behalf may proceed to abate the nuisance;
         (c)   A statement to the effect that the Hearing Officer’s determination shall be final if no appeal to the Hearing Board is filed by the owner within 30 days of notice being provided by the Hearing Officer;
         (d)   A statement to the effect that the abatement costs constitute a lien against the property in favor of the County Fiscal Court; and
         (e)   A statement to the effect that after the County Fiscal Court has abated the nuisance, the County Judge/Executive will send an invoice for the abatement costs, and if such invoice is not paid within 30 days following the mailing of the invoice, that notice of a lien for the cost of the abatement will be placed against the property.
   (D)   Commencement of notice period. The notice periods provided for in this division (D) shall be determined to commence as follows:
      (1)   Where notice is personally served, on the day following service;
      (2)   Where notice is by mail, on the third day following mailing; and
      (3)   Where notice is by posting, on the third day following posting.
(Ord. passed 8-23-2011)