(a) Should any one or more of the aforesaid officers of the City, after the inspection of the premises in or on which it is reported a public nuisance may exist, be of the opinion that a public nuisance does exist, but that the nature thereof is not such as to require summary abatement, photographs and reports of their findings, the same as provided in Section 1527.02, shall be made and filed with the Building Commissioner. It shall be the duty of the Commissioner, in such cases, to serve written notice on the person, persons, firm or corporation which from the records in the County Auditor's office, appear to be the owner or owners of the aforesaid property, by serving them personally or by leaving a copy at the usual place of residence or business of the owner or owners or at the address of such owner or owners shown in such Auditor's records, or by mailing a copy to such owner at such place or address by United States certified mail, return receipt requested. If service of the notice is unable to be perfected by any of such methods, then the Commissioner shall cause such notice to be published in a newspaper of general circulation in the City, once each week for two consecutive weeks, and shall further cause a copy of the notice to be left with the person, if any, in possession of the premises in or on which it alleged such public nuisance exists, or, if there is no person in possession thereof, he shall cause a copy of the notice to be posted on the premises.
The notice shall state, in brief, the findings of any one or more of the aforesaid officers of the City with respect to the existence of a public nuisance and shall further state that unless the owner or owners thereof cause the abatement of the public nuisance within thirty days after the service of the notice, the same shall be abated by the City at the expense of such owner or owners. The owner or owners may at any time after receipt of the notice make a request in writing or in person, to the Commissioner, to be furnished with written list of the items which are alleged to constitute the public nuisance and which are alleged to be in need of repair and/or replacement.
The owner or owners may make immediate application in writing or in person to the Commissioner for a building permit to undertake the repair or replacement of items alleged to constitute the public nuisance. The Commissioner, upon being furnished by such owner or owners with the complete plans and specifications covering the repairs or replacements in conformity with the standards of these Codified Ordinances, shall, upon approval of the plans and specifications, cause a building permit to be issued to such owner or owners. The Commissioner may grant more than thirty days to the owner or owners in which to effect the repairs and/or replacements.
The owner or owners may, within fourteen days after receipt of the notice, make a demand in writing to the Commissioner for a hearing on the question of whether in fact a public nuisance exists and/or whether more than thirty days should be granted to the owner or owners to abate the nuisance. The hearing shall be held within ten days following receipt of the written demand and at least two days notice of the hearing shall be given to the owner or owners. The hearing shall be conducted by a Board composed of the Solicitor, the Director of Public Safety and the Director of Public Service, or, in the event any such officer is unable to attend, of someone from his respective department delegated by him to act in his behalf. The Board may amend or modify the notice and/or order or extend the time for compliance by the owner with parts of the abatement notice by such date or dates as a majority of such Board may determine. A copy of the decision of the Board shall be promptly served upon the owner or owners in the manner provided for by Section 1527.02. The decision of the Board shall be final and conclusive unless the owner or owners file, within five days after the aforesaid decision is rendered, an action in or appeal to a court of competent jurisdiction; otherwise, the same shall become final and conclusive at the termination of such action or appeal proceeding as determined by such court.
(Ord. 49-68. Passed 4-15-68.)
(b) A copy of the written notice referred to in subsection (a) hereof may also be served on a tenant of the owner or a contractor in the employ of the owner when such public nuisance is created or allowed to remain by such tenant or contractor.
(Ord. 98-90. Passed 4-16-90.)