(a) Notice required. Except as provided by Section 49-66 of this Article IV, or subsection (b) of this section, in the event that any person owning any real property, occupied or unoccupied, improved or unimproved, developed or undeveloped, within the corporate limits of the city fails or refuses to comply with the provisions of this Article IV, the city shall give ten (10) days notice of the violation to the owner prior to abating the violation, as provided herein.
(b) Notice for first offense on unoccupied property. If any person owning unoccupied real property within the corporate limits of the city fails or refuses to comply with the provisions of subsection (a) or (b) of Section 49-62 and, within the immediately preceding twelve (12) months, said person has not failed or refused to comply with said provisions with regard to said real property, the city shall give thirty (30) days notice of the violation to the owner prior to abating the violation as provided herein.
(c) Manner of notice. The notice shall be given:
(1) personally to the owner in writing; or
(2) by letter addressed to the owner at the owner's post office address; or
(3) if personal service cannot be obtained or the owner's post office address is unknown:
a. by publication at least twice within ten(10) consecutive days; or
b. by posting notice on or near the front door of each building on the property to which the violation relates; or
c. by posting notice on a placard attached to a stake driven into the ground on the property to which the violation relates, if the property contains no buildings.
(d) Contents of notice. The notice shall contain:
(1) the name and address of the record owner;
(2) an identification, which is not required to be a legal description, of the property upon which the violation is located;
(3) a statement describing the violation, and the work necessary to correct the violation;
(4) a statement advising the owner that if the work is not completed within the period prescribed by subsection (a) or (b) of this section, as the case may be, the city will perform the work and assess the cost of the work to the owner, including as a minimum the city's administrative fee as provided in Section 49-67(b) of this Article;
(5) a statement that if the city performs the work and the owner fails to pay the cost, a priority lien may be placed on the property;
(6) a statement that the owner may, within five (5) days of the date of the notice of a violation, submit a written request to the appropriate person named in the notice for an informal hearing before the City Manager or his designee to contest whether the violation exists; and
(7) a statement that the city may, at any time, file a criminal misdemeanor complaint in municipal court with a maximum fine of $2,000.00 for each day the violation exists, in addition to or in lieu of any other remedy provided by law.
(e) Informal hearing. If a written request is received according to subsection (d)(6) of this section, an informal hearing shall be held before the City Manager or his designee. Unless the owner requests and is granted an immediate hearing, and waives the right to notice, notice of the time and place of the hearing shall be sent to the owner by certified mail. At the hearing, the City Manager or his designee may consider all facts relating to the existence of a violation. After the hearing, the City Manager or his designee may determine that a violation requiring abatement does or does not exist.
(Ord. No. 2922, § 2, 4-27-00)