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§ 8-204 RIGHT OF ENTRY.
   It shall be a violation of this article to deny the public officer the right of access and entry upon private property at any reasonable time for the purpose of making inquiry and inspection to determine if a nuisance exists.
(Ord. 600, passed 5-1-1990)
§ 8-205 NOTICE.
   Any person, corporation, partnership or association found by the public officer to be in violation of § 8-201 shall be served a notice of such violation. The notice shall be served by restricted mail, postage prepaid, return receipt requested or be personally served by the public officer.
(Ord. 600, passed 5-1-1990)
§ 8-206 SAME; CONTENTS.
   (a)   The notice shall state the condition(s) that is (are) in violation of § 8-201. The notice shall also inform the person, corporation, partnership or association that:
      (1)   He, she or they shall have ten days from the date of serving the notice to abate the condition(s) in violation of § 8-201; or
      (2)   He, she or they have ten days from the serving of the notice to request a hearing before the governing body or its designated representative of the matter as provided by § 8-209.
   (b)   Failure to abate the condition(s) or to request a hearing within the time allowed may result in prosecution as provided by § 8-207 and/or abatement of the condition(s) by the city as provided by § 8-208.
(Ord. 600, passed 5-1-1990)
§ 8-207 FAILURE TO COMPLY; PENALTY.
   Should the person, corporation, partnership or association fail to comply with the order to abate the nuisance or request a hearing, the public officer may file a complaint in the Municipal Court of the city against such person, corporation, partnership or association and upon conviction of any violation of provisions of § 8-201, be fined in an amount not to exceed $100, or be imprisoned not to exceed 30 days or be both fined and imprisoned. Each day during or on which a violation occurs or continues after notice has been served shall constitute an additional or separate offense.
(Ord. 600, passed 5-1-1990)
§ 8-208 ABATEMENT.
   (a)   In addition to, or as an alternative to prosecution as provided in § 8-207, the public officer may seek to remedy violations of this article in the following manner. If a person to whom an order has been served pursuant to § 8-205 has neither alleviated the conditions causing the alleged violation nor requested a hearing before the governing body within the time periods specified in § 8-206, the public officer may present a resolution to the governing body for adoption authorizing the public officer or other agents of the city to abate the conditions causing the violation at the end of ten days after passage of the resolution. The resolution shall further provide that the costs incurred by the city shall be charged against the lot or parcel of ground on which the nuisance was located as provided in § 8-210.
   (b)   A copy of the resolution shall be served upon the person in violation in one of the following ways:
      (1)   Personal service upon the person in violation;
      (2)   Service by certified mail, postage prepaid, return receipt requested; or
      (3)   In the event the whereabouts of such person are unknown and the same cannot be ascertained in the exercise of reasonable diligence, an affidavit to that effect shall be made by the public officer and filed with the City Clerk, and the serving of the resolution shall be made by publishing the same once each week for two consecutive weeks in the official city newspaper and by posting a copy of the resolution on the premises where such condition exists.
(Ord. 600, passed 5-1-1990; Ord. passed 600A, passed 4-17-2001)
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