(A) It shall be the duty of every owner, occupant, lessee or mortgagee of real estate in the municipality to keep such real estate free of public nuisance. Upon determination by the Board of Health that a nuisance, as defined in this municipal code shall exist on any lots or other tract of land, or any part thereof, or on any parking, sidewalk, street or alley area, or part thereof, abutting a lot or the tract of land subject to this code, the City Clerk-Treasurer shall give notice to abate or remove such nuisance to each owner or owner’s duly authorized agent and to the occupant, if any, by personal service or certified mail. The notice shall describe in general terms the nature of the work that needs to be done to the property to correct the nuisance. Notice will also provide information concerning deadlines for completing the work and the rights to appeal and request a hearing before the City Council.
(B) Within 30 days after receipt of such notice, if the owner or occupant of the land has failed to comply with the order to abate the nuisance, the Mayor, or his or her designee, may cause the city to remove the nuisance.
(C) If within 30 days of receipt of such notice the owner or occupant makes a written request for hearing before the City Council, further proceedings shall be suspended until a hearing is held before the City Council. The suspension shall not apply to a nuisance and notice that exists with reference to § 91.18. At such hearing, the owner, occupant, lessee or mortgagee of the property may present evidence to rebut the determination that a nuisance exists. After considering all relevant evidence, the City Council may order the nuisance abated or removed within the time specified by the City Council, the Mayor or his or her designee shall cause the city to remove the nuisance. Statement of the costs of such work shall be transmitted to the City Council, and after notice and hearing, the governing body may levy the cost as a special assessment against the land. Such special assessment shall be a lien on the real estate and shall be collected in the manner provided for special assessments.
(D) The remedy provided in this section shall be cumulative with any other remedy provided in this code or any other county, state or federal statutory regulations.
(Prior Code, § 4-303) (Ord. 584, passed 3-4-1997; Ord. 623, passed 9-7-2000)