If, at any time, the County Administrator or the Director of Public Health finds that a condition which constitutes a nuisance exists within the County, he or she shall give notice in writing to the owner of the premises upon which such condition exists, stating therein the condition which constitutes a nuisance and directing such addressee to remedy the condition within the time stated in such notice, which time shall be not more than ten days. No such owner shall fail to comply with the terms of such notice. Further, if the County Administrator or the Director of Public Health states in such notice that the condition which constitutes a nuisance is such as to be an imminent hazard to the health, safety or welfare of the public or any person within or near the premises upon which such nuisance exists, then the addressee shall comply with the terms of such notice forthwith.
The Director or the County Administrator may take reasonable steps to abate, correct or eliminate the condition only after providing the owner or occupant of the land or premises a notice of the violation and an opportunity to be heard, unless Section 648.10 is applicable. Such hearing request shall be made within ten days after receipt by the owner or occupant of the notice to abate, correct or eliminate the condition. In the case of an emergency, the Director or the County Administrator may take reasonable steps to abate, correct or eliminate the condition without providing the owner or occupant of the land or premises an opportunity to be heard until after the condition is abated, corrected or eliminated. In such an emergency the hearing request shall be made within ten days after the condition is abated, corrected or eliminated. All hearing requests shall be in writing and directed to the County Administrator or to the Director, who shall forward the requests to the County Administrator within two days of receipt thereof. All hearings shall be before the County Administrator or his or her designee. The County Administrator shall set a time and place for the hearing, which shall occur within ten days of the request for the hearing, and shall so notify the Director and the appellant. The appellant may call witnesses, cross-examine opposing witnesses, present testimony and other evidence in his or her behalf and be represented by counsel, at his or her own expense, at such hearing. After the hearing, the County Administrator may order the appellant to abate, correct or eliminate the condition in the same manner as the Director may require if he or she finds that a nuisance or other violation of this chapter exists and was caused or permitted to be caused by the appellant. No person shall fail, refuse or neglect to comply with any such order.
(Ord. 85-08. Passed 5-20-85.)