(A) (1) It shall be the duty of the city’s Code Enforcement Officer, or his or her designee, to serve or cause to be served a notice upon the owner or occupant of any premises on which there is kept or maintained any nuisance in violation of the provisions of this subchapter and to demand the abatement of the nuisance within five days unless the nuisance constitutes an immediate danger to the health and well being of the community.
(2) If such danger is present, the nuisance shall be abated within 24 hours of notice.
(3) Notice shall be served upon persons by certified mail, but if the whereabouts of the persons are unknown and cannot be ascertained by the city’s Code Enforcement Officer, or his or her designee, in the exercise of reasonable diligence, the city’s Code Enforcement Officer, or his or her designee, shall make an affidavit to the effect, and the serving of notice may be made by publication in a newspaper of general circulation for two consecutive publications. A copy of the notice shall be posted in a conspicuous place on the premises affected by the notice and it shall be recorded in the office of the county’s Clerk.
(B) If the person so served does not abate the nuisance within the prescribed amount of time, the city may proceed to abate the nuisance, keeping the account of the expense of the abatement and the expense shall be charged and paid by the owner or occupant. In the event that said expense is not paid within ten days of notice of said expense mailed to the owner, the expense shall be added to the next regular property tax bill against the property.
(C) (1) Charges for nuisance abatement shall be a lien upon the premises.
(2) Whenever a bill for charges remains unpaid for 60 days after the due date for payment of property tax bills, the city’s Code Enforcement Officer, or his or her designee, may file with the county’s Clerk a statement of lien claims. This statement shall contain a legal description of the premises, the expenses and costs incurred the date the nuisance was abated and a notice that the city claims a lien for this amount. Notice of the lien claim shall be mailed to the owner of the premises, if his or her address is known.
(3) However, the failure to record the lien claim or to mail the notice, or the failure of the owner to receive the notice, shall not affect the right to foreclose the lien for charges as provided in division (D) below.
(D) Property subject to a lien for unpaid nuisance charges shall be sold for non-payment and the proceeds of the sale shall be applied to pay the charges after deducting costs, as is the case in the foreclosure of statutory liens.
(E) The city’s Attorney is authorized and directed to institute such proceedings, in the name of the city, in any court having jurisdiction over the matter, against any property for which the bill has remained unpaid 60 days after it has been recorded.
(Ord. 005-667, passed 7-25-2005)