(A) If it is determined by the City Manager or his or her authorized designee, that a public nuisance, as designated in §§ 93.41, 93.42(A) and 93.42(B), exists on any lot, property or premises in the city or upon any sidewalk, parking area or street adjacent to the lot, property or premises, the City Manager or his or her authorized designee shall cause, including through the use of a third party contractor, a notice to be issued to abate the nuisance. The notice shall be headed "Notice to Abate Public Nuisance" in legible characters, shall direct the abatement of the nuisance and shall be directed to the owner, occupants or person in charge or control of the lot, property or premises.
(1994 Code, § 8.34.040)
(B) The notice required shall be served in any one of the following ways:
(1) By personal service on the owner, occupant or person in charge or control of the lot, property or premises. Service shall be complete upon the personal service;
(2) By regular or certified mail addressed to the owner or person in charge and control of the lot, property or premises, at the address shown on the last available property assessment roll, or as otherwise known. Service shall be deemed complete upon the deposit of the notice, postage prepaid, in the United States mail;
(3) By posting at a conspicuous place a Notice to Clean Premises (These words in one inch or taller print) on the lot, property or premises or abutting public right-of-way. Service shall be deemed complete on the day of posting.
(1994 Code, § 8.34.050)
(C) (1) Within ten days from the date of service of the required notice, the owner or person occupying or controlling the lot, property or premises affected may appeal to the City Manager. The appeal shall be in writing and shall be filed with the City Clerk. An administration fee of $25 shall accompany any appeal filed. The fee may be waived by the City Manager or his or her authorized designee if financial inability can be reasonably shown. Application for a waiver shall be in the form of a letter signed by the owner or appropriate designee. The City Manager or his or her authorized designee shall hold a public hearing not less than five calendar days, nor more than 20 calendar days, from receipt of both a written appeal and the administrative fee.
(2) The decision of the City Manager or his or her authorized designee thereupon shall be final and conclusive unless a written appeal is made to the City Council within five business days of the decision of the City Manager or his or her authorized representative. The appeal shall be in writing and shall be filed with the City Clerk. An additional administration fee of $25 shall accompany any appeal filed. The fee may be waived by the City Manager or his or her authorized designee if financial inability can be reasonably shown. Application for a waiver shall be in the form of a letter signed by the owner or appropriate designee. The City Clerk shall notify the appellant in writing no later than seven days prior to the scheduled hearing of the time, date and place of the hearing by mailing the notice to him or her at the address stated in his or her written appeal.
(3) (a) The City Council shall hear the appeal as scheduled in the notice. The City Council's decision on the issue shall be final.
(b) In the event the City Manager denies the appeal the appellant shall have five days thereafter to appeal to the full City Council. The City Council may take up to 30 days to hear this matter and vote thereon.
(4) Failure of any person to file an appeal in accordance with the provisions outlined above shall constitute a waiver of the right to an administrative hearing and adjudication of the notice and order to abate, administrative penalty or any portion thereof.
(1994 Code, § 8.34.060)
(Ord. 06-100, passed 2-8-2006)