(A) Notice; abatement; hearing.
(1) The provisions of this section are offered as alternate enforcement provisions of this chapter only for absentee owners and occupants or agents unable or unwilling to abate their nuisance(s) under conventional enforcement methods.
(2) Whenever a nuisance as defined in this chapter is found to exist within the city, the City Manager, or other duly designated officer of the city may give written or published notice to the owner, his or her agent, lessee, or occupant of the property upon which the nuisances exists or upon the person causing or maintaining the nuisance.
(3) Every person, including the owner, his or her agent, tenant, lessee, or occupant of the property where the nuisance exists, shall abate any nuisance by the removal of the nuisance within the 10 days as set forth in division (A)(2) above, or request a hearing before the City Manager within 10-day period.
(4) If a request for a hearing is made within the 10-day period, the time limits of this section shall be stayed pending a decision by the City Manager.
(B) Contents of notice. The notice to abate a nuisance issued under the provisions of this chapter shall contain:
(1) An order to abate the nuisance or to request a hearing before the City Manager within the 10 days’ written or published notice;
(2) The location of the nuisance, if the same is stationary;
(3) A description of what constitutes the nuisance;
(4) A statement of acts necessary to abate the nuisance; and
(5) A statement that if the nuisance is not abated as directed and the city may abate the nuisance and assess the cost thereof against the person, or take any other action as allowed by law.
(C) Service of notice.
(1) The notice shall be served in person or by or by certified mail or, in the event the owner or occupant cannot be found, the notice shall be completed by posting the notice on the property for 10 days.
(2) Upon the failure of the person upon whom notice to abate a nuisance was served pursuant to the provisions of this chapter to abate the same, the designated officer of the city may proceed to abate the nuisance and shall prepare a statement of costs incurred in the abatement thereof.
(3) Any and all costs incurred by the city in the abatement of a nuisance under the provisions of this chapter shall constitute a lien against the property upon which the nuisance existed, which lien shall be filed, proven, and collected as provided by law. The lien shall be notice to all persons from the time of its recording, and shall bear interest at the legal rate thereafter until satisfied. In the alternative, the cost of the correction shall become a line item charge on the municipal utility bill for the lot or tract, to be paid as consideration for continued municipal water, sewer, and/or garbage service.
(4) Urgent condition. Where the officer finds that immediate measures are required to alleviate the nuisance, the City Manager may waive the 10-day notification period in order to take whatever steps are necessary for prompt correction of the condition.
(Ord. 893, passed 10-12-1999)