(A) Reporting and complains. Any citizen is entitled to make a written complaint to the City Clerk. Such complaints shall include, whenever possible:
(1) The nature of the nuisance and/or community decay;
(2) The location of the nuisance, including the address;
(3) The name of the owner, occupant or manager of the premises where the nuisance and/or community decay is located;
(4) The duration of the nuisance and/or community decay; and
(5) The name and address of the complainant.
(B) Duties for enforcement.
(1) The City Mayor and/or designees shall be responsible for enforcing this chapter and instituting appropriate action to insure and correct violations. Where a complaint has been made or where the city believes a violation of this chapter exists, the City Mayor or designee shall provide:
(a) An initial notice of a pending potential violation to the owner of the real property upon with the violation has occurred and/or, when applicable, the owner of the junk vehicle. This notice shall list the item(s) which may be a violation and provide a copy of these regulations; and
(b) Written notice of the violation to the owner of the real property upon which the violation has occurred and/or, when applicable, the owner of the junk vehicle.
(2) If the owner fails to correct the violation to the satisfaction of the City Mayor and/or designee in the time-frame provided, then the City Mayor or designee shall cause the violation to be remedied as provided in section or § 91.99.
(C) Notice requirements. The owner will be sent written notice of the violation which shall provide at minimum:
(1) Name, address and owner of the real property where violation has occurred;
(2) Type of violation has occurred;
(3) Deadline for correcting the violation;
(4) Result of failing to meet the deadline; and
(5) Procedure for appealing the violation.
(D) Notice procedure. Written notice will be served in the following manner.
(1) In determining the name and mailing address, any records available to the city may be used. The Mayor or designee shall then serve written notice as provided herein.
(2) If the owner occupies the real property where the violation has occurred, notice may be made personally or mailed to such owner’s last known address by first class United States mail.
(3) If the owner does not occupy the real property where the violation has occurred, notice will be mailed to such owner’s last known address by first class United States mail.
(4) Any notice is deemed complete by deposit into the United States Postal Service of return receipt requested mailing to said address.
(E) Appeal process. The deadline to correct the violation may be suspended if the owner presents a plan for addressing the violation notice to the City Council. The owner may contact the City Clerk and request to be added to the agenda of the next City Council meeting. In the event the owner disagrees with a notice of violation, the owner may appeal the violation notice to the City Council within ten days of the date of the written notice. Such appeal must be in writing and include specific reasons why the violation notice is not accurate or why the owner is unable to comply with the provisions of §§ 91.05 through 91.10. For good cause, or in cases of extreme hardship, the City Council may make a determination that the provisions of §§ 91.05 through 91.10 should not apply to a particular property. The decision of the City Council is final, subject only to judicial review.
(Ord. 456, passed 8-23-2022)