(a) In addition to, or as an alternative to prosecution as provided in § 8-309, the public officer may seek to remedy violations of this article in the following manner. If a person to whom an order has been sent pursuant to § 8-307 has neither alleviated the conditions causing the alleged violation or requested a hearing before the governing body within the time period specified in § 8-308, 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.
(b) (1) 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 § 8-313.
(2) A copy of the resolution shall be served upon the person in violation in one of the following ways:
(A) Personal service upon the person in violation;
(B) Service by certified mail, return receipt requested; or
(C) 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.
(3) If the owner or the agent of the owner of the property has failed to accept delivery or otherwise failed to effectuate receipt of a notice or order sent pursuant to this section during the preceding 24-month period, the governing body of the city may provide notice of the issuance of any further orders to abate or remove a nuisance from such property or provide notice of the order by such methods including, but not limited to, door hangers, conspicuously posting notice of such order on the property, personal notification, telephone communication or first-class mail. If the property is unoccupied and the owner is a nonresident, notice provided by this section shall be given by telephone communication or first-class mail.
(Ord. 453, passed 11-6-2006)