The abatement or mitigation of conditions which constitute a public nuisance prohibited by this chapter shall be accomplished under the provisions of this section.
A. Upon its own initiative, or within thirty (30) days of receiving a written, signed complaint that a condition of community decay exists, the department shall inspect the subject property to determine whether there is a violation of this chapter.
B. If it is determined that there is a violation of this chapter, the department shall notify the owner, manager of lessee of the property, or other responsible party as required by this section of the violation and order its abatement or mitigation within thirty (30) days. The notice of violation shall:
1. Include a statement specifically describing the violation;
2. Specify that the owner, manager, or lessee, or other responsible party that if the violation is not resolved, the city of Shelby may undertake abatement or mitigation and assess the costs to the owner.
3. Advise the owner, manager, or lessee or other responsible party that if the violation is not resolved, the city of Shelby may undertake abatement or mitigation and assess the costs to the owner.
4. If the owner, manager or lessee of the property, or other responsible party can be reasonably determined and located, then the department shall notify that person or those persons by certified mail, return receipt requested. If the owner, manager or lessee of the property, or other responsible party cannot be determined after a diligent search of public records, then the Mayor may authorize the department to give notice of the violation by prominently posting a notice on or near the property and publishing a notice in a local newspaper once a week for two (2) consecutive weeks. The last date of publication shall be not less than five (5) days prior to any action taken by the city of Shelby. The notice shall include the name of the last known owner, legal description and commonly known address of the property, and description of the violation. The notice shall also state that if the violation is not resolved within thirty (30) days of the date of first publication, the city of Shelby may undertake abatement or mitigation without further notice and assess the cost to the last known owner of the property.
C. Upon receipt of a notice of violation, the owner, manager, or lessee, or other responsible party, may submit a plan to the department which shall include:
1. A complete description of the plan to be undertaken.
2. The date for commencement of the corrective action.
3. The date for completion of the corrective action. An extension may be granted at the discretion of the department.
D. The department may accept or reject the plan, accept the plan with modifications, or request additional information before making a final determination.
E. The owner, manager, or lessee, or other responsible party may appeal the department's final decision according to the procedure set forth in Section 4-6-7 of this chapter. (Ord. 808, 9-4-2012; Ord. 838, 5-20-19)