Any person found by the public officer to be in violation of section 4-4-6 of this chapter shall be sent a written order of violation (order) issued by the governing body or its designee. The code enforcement officer is hereby designated by the governing body for the purposes of issuing the order required herein. Such order shall be issued by the code enforcement officer after the inquiry, investigation and findings required by section 4-4-5 of this chapter. The order shall be sent by first class mail. If a person has failed to accept delivery or otherwise failed to effectuate receipt of an order sent pursuant to this section during the preceding twenty four (24) month period, the governing body may provide notice of the issuance of an order by any reasonable manner, including, but not limited to, door hangers, conspicuous posting of an order on the premises, personal notification, telephone communication, or first class mail. The order shall state:
A. The condition which has caused the violation of this chapter; and
B. That the person in violation shall have:
1. Ten (10) days from the date of the mailing of the order to abate the exterior conditions (yard) violation; and/or
2. Thirty (30) days from the date of the mailing of the order to abate the exterior conditions (structure) violation; or in the alternative to subsections B1 and B2 of this section;
3. Ten (10) days from the date of the mailing of the order, plus any additional time granted under subsection C of this section, to request, as provided in section 4-4-10 of this chapter, a hearing before the governing body on the matter.
C. Provided, however, that the governing body or its designee named herein shall grant one or more extensions to the time periods stated in subsections B2 and B3 of this section, if the owner or agent of the property demonstrates that due diligence is being exercised in the abatement of the conditions which have caused the violation of this chapter; and
D. That failure to abate the condition or to request a hearing may result in prosecution under section 4-4-8 of this chapter and/or abatement of the condition by the city according to section 4-4-9 of this chapter, with the costs assessed against the property under section 4-4-12 of this chapter. (Ord. 1148, 11-18-2013)