A. Authority: If any premises within the City meets the criteria described in subsection B of this Section, the Mayor, or the Mayor's designee, may direct that a flagrant property violation sign be posted in the public street adjacent to the premises in violation.
B. Flagrant Property Violation; Conditions Constituting: Any premises within the City which meets the following conditions shall constitute a flagrant property violation:
1. The responsible official has determined that the premises are in violation of any of the following provisions of this Code:
a. The Ogden City Code for the Abatement of Dangerous Buildings, under Title 16, Chapter 8 of this Code;
b. Unfit premises violations under Title 16, Chapter 12 of this Code; or
c. Property maintenance violations under Chapters 4, 5 and 8 of this Title;
2. The owner or other responsible person has been notified, in the manner described in subsection G of this Section, more than once in a one-year period, that the premises are in violation;
3. The owner or other responsible person has failed to correct the violation after such notice; and
4. The determination by the responsible official that the premises are in violation is not in the process of being appealed by the owner or other responsible person, under the provisions of this Code.
C. Notice To Owner: Prior to the posting of a flagrant property violation sign, the Mayor, or the Mayor's designee, shall notify the owner, by certified or first class mail, at the owner's address, that:
1. The violations must be completely corrected within twenty one (21) days; and
2. If the violations are not corrected within twenty one (21) days and no alternative time period for correction has been agreed to between the owner and the Mayor, or the Mayor's designee, the City will post a sign in the public street adjacent to the premises determined to be in violation that describes the condition of the property, bears the name of the owner and the owner's address, and recites that the owner has failed to bring the premises into compliance with the applicable City ordinances.
D. Removal: Once posted, the sign will be removed by the City upon elimination of the violation, or following a signed agreement to do the same by a date certain.
E. Posting Location: The sign will be posted in the parkway or landscaped portion of the street. If no parkway or landscaped area exists, then the sign shall be posted along the sidewalk or edge of the roadway.
F. Posting Not Preclude Securing Compliance: The posting of the sign shall not preclude the responsible official from simultaneously securing compliance by other lawful means.
G. Contents Of Notice: The prior notice required under subsection B2 of this Section shall include any of the following:
1. A written notice imposing a civil penalty for failure to correct an ordinance violation under Chapter 5 of this Title or Title 16, Chapter 12 of this Code;
2. A citation or summons requiring the person to appear for a misdemeanor violation of a City ordinance, unless the person was found not guilty of such charge;
3. A notice and order under Section 16-8A-7 of this Code;
4. An order to show cause under Section 16-8A-15 of this Code; or
5. A notice under Section 12-8-3 of this Title.
(1979 Code § 8.29.030; Ord. 99-16, 3-16-1999)