(A) Order. The enforcement officer shall serve a written order upon the owner. The written order shall also be served upon any occupant known to the officer and may be served upon any party known to have caused the nuisance. The written order shall contain the following:
(1) A description of the real estate sufficient for identification;
(2) A description and location of the nuisance and the remedial action required to abate the nuisance;
(3) The abatement deadline, to be determined by the enforcement officer, allowing a reasonable time for the performance of any act required;
(4) A statement that the order may be appealed and a hearing before the City Council obtained by filing a written request with the city before the appeal deadline which shall be the abatement deadline designated in the order or seven calendar days after the date of the order, whichever comes first;
(5) A statement that, if the remedial action is not taken nor a request for a hearing filed with the city within the time specified, the city will abate the nuisance and charge all costs incurred therein against the real estate as a special assessment to be collected in the same manner as property taxes.
(B) Setting hearing date. In the event that an appeal is filed with the city, the city shall, within two weeks, fix a date for a hearing.
(C) Notice of hearing date. In the event that an appeal is filed, the city shall mail a notice of the date, time, place and subject of the hearing to the owner and known occupants. The city shall also notify the enforcement officer.
(D) Hearing before the City Council. The hearing shall be convened by the Mayor. The City Manager shall present written findings and recommendations and the property owner may present evidence and testimony to support the appeal of the abatement order. The City Council may confirm, modify, revoke, alter or cancel the order of the City Manager.
(E) Abatement Action. If the Council determination requires abatement, the City Council shall, in the resolution, fix a time within which the nuisance must be abated and shall provide that, if the nuisance is not eliminated within the time specified, the city may abate the nuisance and assess the costs of the abatement to the subject real estate as a special assessment. If the remedial action is not taken nor an appeal filed within the time specified, the city may abate the nuisance.
(Am. Ord. 653, passed 5-17-2005; Am. Ord. 661, passed 9-5-2006) Penalty, see § 10.99