(a) The Enforcement Official shall notify the interested party upon the occurrence of the first nuisance event. The notice shall advise the interested party that they may be subject to a repeat nuisance service fee upon the occurrence of further nuisance events as set forth by this chapter.
(b) Upon the occurrence of a third nuisance event within 180 days of a first nuisance event, the Enforcement Official shall notify the Director of Public Service of the nuisance events and provide copies of all reports, summons, warrants, citations, notices provided pursuant to subsection (a) hereof, and any other documentation concerning the first and second nuisance events. The Director of Public Service shall provide written notice to the interested party that the interested party may be subject to a repeat nuisance service fee unless a satisfactory compliance plan is created and initiated within thirty days. The notice shall comply with subsections (c) and (d) hereof.
(c) Form. Notice as prescribed in subsection (b) hereof shall be in accordance with all of the following:
(1) Be in writing;
(2) Include a description of the property sufficient for identification;
(3) State the nuisance conduct, activities or conditions that are or have occurred or are maintained or permitted on the property, and the date of the nuisance conduct, activities or conditions;
(4) State that the interested party has thirty days to abate the conduct, activities or conditions constituting the nuisance or to submit a compliance plan to make sure the conduct, activities or conditions constituting a nuisance will not re-occur;
(5) State that the interested party may be subject to a repeat nuisance service fee in the amount set forth in Section 686.04 if, after thirty days from the date of service of the notice, a repeat nuisance service occurs at the building or real property and a plan to abate the nuisance has not been submitted to the Director of Public Service on a form prescribed by the Director of Public Service;
(6) State that the costs and repeat nuisance service fee may be collected by assessment against the building or real property as defined through the Portage County Auditor to be assessed as a lien on the real property in accordance with law; and
(7) State that the City maintains its right to seek other legal remedies or actions for abatement of the nuisance or compliance with law.
(d) Method of Service. Notice as prescribed in subsection (b) hereof shall be deemed to be properly served if a copy thereof is:
(1) Served personally on the interested party; or
(2) Sent by certified or first-class mail to the interested party at the last known address. If the notice is refused or returned as undeliverable, the notice shall be reissued by first-class mail with proof of mailing and shall be deemed served five days after reissue.
(e) Except as otherwise provided in Section 686.07 hereof, the Enforcement Official shall notify the Director of Public Service of any repeat nuisance service that occurs within one year of the first nuisance event. Contents of the notice shall include copies of the report, summons, warrants, citations, and other documentation concerning the repeat nuisance service, and a copy of the notice provided to the Director of Public Service pursuant to subsection (b) hereof.
(Ord. 2011-112. Passed 7-5-11.)