(a) If the owner fails or refuses to consent to and arrange for an inspection, the City may seek an administrative search warrant from a court of competent jurisdiction, which shall include the municipal court, which is hereby conferred such authority hereunder. If, after inspecting the property on which the nuisance is reported, the Building Enforcement Agency or Building Inspector declares the existence of a building nuisance, but the nature thereof is not such that the public health, safety or welfare is in immediate danger so as to require the summary abatement of such nuisance, then, regular abatement procedures shall be followed. Photographs and reports of the findings and inspections shall be made and filed with the City Manager.
(b) The Building Enforcement Agency shall determine the individual, firm or corporation who, from the records in the Office of the Clerk of the County Commission, appears to be the titled owner of the aforesaid property and immediately cause a written notice to be served on such individual, firm or corporation by personal service or by leaving a copy of the notice at the usual place of residence or business of such owner, or address of such owner shown in the County Clerk's records, or by copy mailed to such owner at such place or address by United States certified mail return receipt. If service of such written notice is unable to be perfected by any of the methods described above, the Building Enforcement Agency shall cause a copy of the aforesaid notice to be published in a newspaper of general circulation in the City, once a week for two consecutive weeks, and shall further cause a copy of the aforesaid notice to be left with the individual, if any, in possession of such property on which it is alleged such building nuisance exists, and any person known to be in charge of the property, or if there is no such individual in possession or in charge thereof, the Building Enforcement Agency shall cause a copy of the notice to be to be posted at such structure, location or premises. The Building Enforcement Agency shall also determine from the Office of the Clerk of the County Commission, who the lienholder of the property, if any, as documented therein, is and cause a written notice to be served on such lienholder by United States mail return receipt.
(c) The aforesaid notice to the owner, and lienholder, if any, of the property shall state clearly and concisely the findings of the Building Enforcement Agency with respect to the existence of a building nuisance. The notice shall further state that unless the owner thereof shall cause the abatement of the building nuisance, pursuant to the orders contained in the Building Enforcement Agency's notice, the building nuisance may, at the City's discretion, be abated by the City at the expense of the owner.
(d) Any person who is the record owner of the premises, location or structure at the
time an order pursuant to this article is issued and served upon him, shall be responsible for
complying with that order, and liable for any costs incurred by the City therewith,
notwithstanding the fact that he conveys his interests in the property to another after such order
was issued and served.
(e) It shall not be a defense to the determination that a building nuisance exists that the property is boarded up or otherwise enclosed.
(Ord. 9-7-10)