(A) Generally. The owner, agent, occupant or person in possession, charge or control of any land, structure, premises, item or object, real or personal, in or upon which any nuisance exists shall be served a notice to abate the same within a specified reasonable time in a manner as the notice shall direct or in any other reasonable manner. The time allowed by the notice shall, in any event, be considered reasonable if five days’ notice is given.
(B) Person giving notice. A notice to abate a nuisance may be given by the Building Inspector, the city’s Code Enforcement or Abatement Officers, the Chief of the Police Department, the Chief of the Fire Department, any member of the Police Department, any member of the Fire Department, or any person designated by the Mayor as having authority to give the notice and any other person or officer of the city possessing police powers.
(C) Service of notice. It shall be considered sufficient to notify the owner, agent, occupant or person in possession, charge or control of the land, structure, premises, item or object in or upon which the nuisance exists in person or by ordinary mail sent to the owner of the premises as disclosed in the current tax records of the county. A notice shall be deemed sufficient although the person to which it is directed refused delivery of the same or it is not deliverable. The notice shall be presumed delivered if not returned to the city as not deliverable. In the event the owner, agent, occupant or person in possession, charge or control of the land, structure, premises, item or object is unknown or on reasonable search is not ascertainable, it shall be sufficient to give notice by posting on the premises. If notice is served on anyone other than the owner as shown in the tax records of the county, a copy thereof shall be delivered personally to the owner or sent by ordinary mail to the owner at the same time as notice is given to the other person. If any nuisance relates to an unfit, unsafe or dangerous structure, a copy of the notice shall also be sent to any lien holders of record, provided the lack of the notice shall not affect any proceedings hereunder.
(D) Contents of notice. Every notice served under this chapter shall, in addition to requiring the abatement of the nuisance, state the proposed method of abatement and warn the person to which the notice is directed that a failure to accomplish the abatement within the time stated herein may result in the abatement of the nuisance by the city and that the cost or expenses related to the removal by the city shall be charged to the person. The proposed method of abatement shall not limit the method of abatement to be used.
(E) Posting property.
(1) Any real or personal property relative to which a notice has or is about to be given may be posted advising that the property has been declared a nuisance, has been condemned, has been declared dangerous and unsafe or has been declared unsafe for human occupancy or use. The form of notice shall be determined by the person giving the notice. No person shall remove any sign or poster without the permission of the person posting the notice, or if unknown, the Chief of Police or the Mayor.
(2) It shall be a violation of this code for any person to use or occupy any real or personal property which has been posted as unsafe for human occupancy or use in accordance herewith.
(F) Nuisance resumed. The city shall not be required to issue a second or subsequent abatement notice where the nuisance is at first abated, but later resumes or is repeated.
(Ord. 2016-11, passed 8-22-2016)