§ 128.45 NOTICE TO ABATE.
   (A)   Upon declaring and deeming a violation of this chapter a nuisance, the City Manager or his other designee shall send a notice of abatement to the property owner, individual food vendor, or responsible party. The notice of abatement shall contain the following:
      (1)   The street address and legal description of the site sufficient for identification of the premises or property upon which the nuisance condition(s) is located;
      (2)   A statement that the enforcement official has determined pursuant to this chapter that the applicant, as well as the property owner if the activity is located on private property, are in violation of this chapter;
      (3)   A statement specifying the condition that has been deemed a public nuisance; and
      (4)   A statement ordering the property owner, individual food vendor, and/or responsible party to abate the condition(s), and specifying the manner in which the same shall be abated, and the period within which such abatement shall be accomplished.
   (B)   Service of said notice may be made by delivery to the property owner, individual food vendor, or responsible party and to the applicant or person in possession personally or by enclosing the same in a sealed envelope, addressed to the occupant at such premises, or to the property owner at the address provided in the mobile food vending permit application, postage prepaid, registered or certified mail, return receipt requested, and depositing same in the United States mail. Service shall be deemed complete at the time of the deposit in the United States mail.
   (C)   It is unlawful for the property owner, individual food vendor, or responsible party to fail or neglect to comply with such order or notice of abatement. In the event that the property owner, individual food vendor, and/or responsible party shall not promptly proceed to abate said nuisance condition(s) within seven days of notice to abate, as ordered by the enforcing official, the abatement procedure set forth in Chapter 98 may be undertaken.
(Ord. 2021-004, passed 8-24-21)