A. If the inspector concludes that any of the conditions described in section 12-8-1 of this chapter exist in whole or in part, he shall:
1. Ascertain the names of the owners and descriptions of the premises where such objects and conditions exist; and
2. Serve notice in writing upon the owner or occupant of such land, either personally or by mailing notice first class, postage prepaid, addressed to the owner or occupant at their last known post office address, as disclosed by the records of the county assessor, requiring such owner or occupant, as the case may be, to abate the nuisance within such time and manner as the inspector may designate, which shall not be less than ten (10) days from the date of service of such notice.
B. If a written request for hearing is not filed pursuant to section 12-8-5 of this chapter, the notice of the inspector shall be final.
C. If the owner or occupant fails to abate the nuisance, either in whole or in part, as required in a final notice, the city may summarily and without prior notice to the owner or occupant proceed to abate the nuisance. If such action is to be taken, the inspector shall prepare an abatement order to be approved by the mayor or the mayor's designee, authorizing city personnel to either perform such abatement work or to engage a private contractor to perform such work under the direction of the city. The order shall identify the property and describe the abatement work to be performed thereon.
D. Upon issuance of an abatement order, city personnel or any authorized private contractor may enter upon the described private property and perform the work specified in the abatement order in any reasonable manner. If the owner or occupant eliminates the nuisance before the city performs the abatement work, the owner or occupant shall still be responsible for the costs incurred by the city in responding to the owner's or occupant's failure to abate the nuisance in a timely manner.
E. If the owner or occupant refuses to allow entry, or other conditions exist on the property affecting the city's ability to enter the property or otherwise complete the necessary abatement work, the city may seek, but is not required to seek, such judicial process as it deems necessary to effect the abatement.
F. Personal property constituting a nuisance under this chapter may be confiscated as part of the abatement process. The mayor may adopt rules and regulations providing for the disposition of such property, including the disposition of inoperable, unlicensed or abandoned vehicles.
(Ord. 2005-29, 5-24-2005)