(a) The Zoning Inspector or his or her designee upon finding that a violation of this chapter has occurred shall set forth the nature of the violation, a reasonable time determined by the Zoning Inspector or his or her designee to correct the violation and a statement that unless the violation is corrected within the stated time it may be corrected by the City and the cost of abatement assessed on the real estate involved and that the City may prosecute the owner, lessee, or party in control of any vacant building, or a mortgagee that has filed and is currently maintaining an open foreclosure action regarding a vacant building and that is in control of the vacant building and/or has the right to control the vacant building, for failure to comply with the notice of violation. Such notice or order may be issued by the Zoning Inspector or his or her designee without reporting the notice or order to Council. In case the City corrects the violations and the cost is not paid within thirty days, the cost to correct the violations may be assessed against the real estate from which the violations originated.
(b) The notice may be served by delivering it personally to the owner, authorized agent of the owner, lessee, party in control or occupant or by leaving it at the owner's, authorized agent, lessee's, party in control or occupant's usual place of business or residence, or by posting it in a conspicuous place on the real estate, building or structure involved, or by mailing it to the owner, authorized agent, lessee, party in control or occupant, or by publishing it once in a newspaper of general circulation within the City if it cannot be served in any of the ways above mentioned. The notice of violation to a mortgagee that has filed and is currently maintaining an open foreclosure action regarding a vacant building and that is in control of the vacant building and/or has the right to control the vacant building shall be served on the mortgagee at the address that is listed on the complaint for foreclosure and to the attorney for the mortgagee at the address for the attorney that is listed on the complaint for foreclosure. The notice to the mortgagee and the attorney for the mortgagee shall be mailed by certified mail, return receipt requested and by regular mail to the mortgagee and the attorney for the mortgagee. Service shall be deemed complete on the mortgagee and the attorney for the mortgagee when the certified and regular mail are placed into the mail by the City.
(c) Notwithstanding the requirement of notice provided herein, when in the opinion of the Zoning Inspector or his or her designee, the condition of a structure or premises, or part thereof, constitutes an immediate hazard to human life or health, including but not limited to, the placement, either temporarily or otherwise, of rubbish, garbage, litter or other personal property on the premises in violation of this chapter or any other section of this Code, then no such notice of violation need be given to the owner, lessee, or party in control of any vacant building, or a mortgagee that has filed and is currently maintaining an open foreclosure action regarding a vacant building. Upon such finding and declaring of an emergency nuisance condition, the zoning Inspector or his or her designee may proceed in the manner provided for in the Codified Ordinances to abate the emergency condition.
(Ord. 2010-O-10. Passed 9-14-10; Ord. 2021-O-11. Passed 4-27-21.)