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(A) Generally. The owner, agent, occupant or person in possession, charge or control of any land, structure, premises, item or object, real or personally in or upon which any nuisance exists shall be served a notice to abate the same within a specified reasonable time in a manner as the notice shall direct or in any other reasonable manner. The time allowed by the notice shall, in any event, be considered reasonable if seven days notice is given, except that in the case of nuisances describe in § 92.01(M), (N) and (O), three days notice shall be deemed sufficient in case of nuisances described in § 92.01(E).
(B) Person giving notice. A notice to abate a nuisance may be given by the Building Inspector, the Director of Utilities and Engineering, the Chief of the Police Department, the Chief of the Fire Department, any assistant or designee of any of the foregoing, any member of the Police Department, any member of the Fire Department, any person designated by the Mayor as having authority to give the notice and any other person or officer of the city possessing police powers.
(C) Service of notice. It shall be considered sufficient to notify the owner, agent, occupant or person in possession, charge or control of the land, structure, premises, item or object in or upon which the nuisance exists in person or by ordinary mail sent to the owner of the premises as disclosed in the current tax records of the county. A notice shall be deemed sufficient although the person to which it is directed refused delivery of the same or it is not deliverable. The notice shall be presumed delivered if not returned to the city as not deliverable. In the event the owner, agent, occupant or person in possession, charge or control of the land, structure, premises, item or object is unknown or on reasonable search is not ascertainable, it shall be sufficient to give notice by posting on the premises. If notice is served on anyone other than the owner as shown in the tax records of the county, a copy thereof shall be delivered personally to the owner or sent by ordinary mail to the owner at the same time as notice is given to the other person. If any nuisance relates to an unfit, unsafe or dangerous structure, a copy of the notice shall also be sent to any lien holders of record, provided the lack of the notice not affect any proceedings hereunder.
(D) Contents of notice. Every notice served under this chapter shall, in addition to requiring the abatement of the nuisance, state the proposed method of abatement and warn the person to which the notice is directed that a failure to accomplish the abatement within the time stated herein may result in the abatement of the nuisance by the city and that the cost or expenses related to the removal by the city shall be charged to the person. The proposed method of abatement shall not limit the method of abatement to be used.
(E) Posting property.
(1) Any real or personal property relative to which a notice has or is about to be given may be posted advising that the property has been declared a nuisance, has been condemned, has been declared dangerous and unsafe or has been declared unsafe for human occupancy or use. The form of notice shall be determined by the person giving the notice. No person shall remove any sign or poster without the permission of the person posting the notice, or if unknown, the Director of Utilities and Engineering, the Building Inspector or any assistant of the Building Inspector.
(2) It shall be a violation of this code for any person to use or occupy any real or personal property which has been posted as unsafe for human occupancy or use in accordance herewith. Any person lawfully entitled to use, possession or occupancy of the property may seek review of the posting with the Director of Planning and Development as provided in division (F) below.
(F) Review. When a person shall have received a notice to abate a nuisance under these provisions, he, she or any other materially interested person, shall have the right to have the notice reviewed in accordance with this division.
(1) Director of Planning and Development. Any person who or which has received a notice to abate a nuisance, or other materially interested person, may within the time prescribed in the notice file a written request with the Director of Planning and Development that the Director review the notice, stating the reason or reasons why the act, conduct, circumstance or condition referred to in the notice does not constitute a nuisance. The written notice must have been received by the Director of Planning and Development or in the Director’s office prior to the period set forth in the notice or the first late of the Director’s office is open for business after the date if closed on the date. Mailing the notice on the date shall be insufficient. The Director of Planning and Development, or another person designated by the Director, shall promptly give the person an opportunity to personally be heard and present whatever information as he or she considers pertinent. After reviewing the determination, the Director of Planning and Development or designee may revoke the notice, modify the notice or allow the notice to stand, prescribing a subsequent date within which the nuisance should be abated, not less than seven days following the decision of the Director of Planning and Development or designee.
(2) Judicial determination. If the person does not agree with the decision of the Director of Planning and Development or designee, the person may within the subsequent period designated by the Director of Planning and Development or designee notify the Director of Planning and Development and the person who gave the original notice to abate nuisance that he or she does not agree with the decision made. In that event, the person shall be charged with the violation of this chapter, if not already charged. The existence or nonexistence of a nuisance will then be determined in conjunction with the disposition of the charge. Review by the Director of Planning and Development or designee may be waived in writing. In that event, a judicial determination shall be pursued as if the review had been pursued.
(3) Stay. Pending any review under the previous provisions and the disposition of a charge (if the review proceedings have been pursued), a nuisance shall not be abated by the city except when summary abatement is authorized or becomes authorized as the nuisance becomes more substantive or aggravated or otherwise warrants summary abatement. The review provisions herein contained shall in no way limit the right of the city or an officer of the city to abate a nuisance summarily under the provisions of this chapter or as otherwise may be allowed by law or by nonsummary abatement after notice if the review proceedings are not pursued. It is intended that under the circumstances, action may be taken to abate a nuisance immediately or without disposition of a charge, if filed.
(1980 Code, § 21.102) (Ord. 9035, passed 4-18-2005) Penalty, see § 92.99