Following inspection, upon the determination that a public nuisance exists, the Chief Code Official shall cause a written notice to be served to the owner of the premises, and upon any mortgagee and other person having an interest in said premises, building or structure, as shown by the County land records or their duly authorized agents, which shall contain the following:
(a) A description of the property sufficient for identification;
(b) The finding(s) incorporated within the nuisance report along with citations to the relevant Code sections and stating that unless the owner(s) thereof shall cause the abatement of the conditions constituting the public nuisance, the same will be abated by the City at the expense of the owner(s);
(c) Information advising of the right to appeal to the Board of Zoning Appeals.
The abatement notice shall be deemed to be properly served if a copy thereof is:
(1) Delivered personally to the owner(s), and upon any mortgagee and other person having an interest in said premises, building or structure, as shown by the County land records, or their duly authorized agents. The Chief Code Official or his/her designee serving said abatement notice shall prepare a written return of service indicating the person served and the date and time of service and file same in the office of the Chief Code Official; or
(2) Sent by Certified Mail, RRR addressed to the last known address of the owner(s), and upon any mortgagee and other person having an interest in said premises, building or structure, as shown by the County land records, or their duly authorized agents. The Chief Code Official or his/her designee shall maintain the signed card evidencing service in the office of the Chief Code Official. If the abatement notice is returned because service was refused or because it was not retrieved from the post office, said notice shall be sent by first-class mail and the Chief Code Official or his/her designee mailing said abatement notice shall prepare a written return of service indicating the person to whom the notice is mailed and the date of mailing and file same in the office of the Chief Code Official.
If any such owner, mortgagee, or interested person cannot be found, then service shall be made by mailing a copy thereof by Certified Mail, RRR, to the address used for tax mailing purposes as shown by the County land records. The Chief Code Official or his/her designee shall maintain the signed card evidencing service in the office of the Chief Code Official. If the abatement notice is returned because service was refused or because it was not retrieved from the post office, said notice shall be sent by first-class mail and the Chief Code Official or his/her designee mailing said abatement notice shall prepare a written return of service indicating the person to whom the notice is mailed and the date of mailing and file same in the office of the Chief Code Official.
The Chief Code Official shall also cause a copy of the abatement notice to be posted in a conspicuous place in or about the structure or premises affected by such notice.
(Ord. 2098-21. Passed 9-9-21.)