(A) Notice.
(1) Notice of public nuisances. Upon determination by the City Manager, City Engineer or their designee that a public nuisance, dangerous/hazardous sidewalk or abnormally dangerous/hazardous sidewalk exists, a written notice of the nuisance or hazard shall be provided to the landowner and/or occupant, ordering the landowner and/or occupant to abate the nuisance, hazard or danger within 14 days of receipt of the notice.
(2) Stay of enforcement; stay not a bar to fine. A notice shall stay the city’s enforcement until the expiration of the notice period. This means a city notice under this division (A) shall cause the city’s enforcement action under this subchapter only to be stopped or “on hold” until the notice period ends. However, a stay of enforcement to gain compliance shall not be a bar to any fine or penalty available under any law in any later prosecution to gain compliance. This means that, even though city’s enforcement action is on hold, the fines and/or penalties under any law are not on hold, but continue to accrue or increase as long as the condition constituting a violation continues to exist. A notice under this division (A) may be superseded by a subsequent notice, which subsequent notice shall control in any conflict between notices. This means the last notice issued to a landowner pursuant to this division (A) is the notice to follow as compared to any conflicting parts of (or whole) an earlier notice issued to that landowner on the same violation.
(3) Response to abnormally dangerous condition. Immediately upon receipt of notice of abnormally dangerous sidewalk or curb, the landowner and/or occupant shall erect legally approved and permitted safety devices to protect person(s) from the identified hazard. The safety devices shall remain in place until the hazard is repaired as directed by this section.
(B) Notice service. Notices shall be served in the following manner:
(1) By personally serving a written notice;
(2) By posting on the main entrance to the property or structure;
(3) By mailing first-class mail, certified, return receipt requested to the landowner of record as shown on records of the County Tax Collector/Assessor; or
(4) By any combination of the above or any other method reasonably calculated to provide actual notice to the landowner.
(C) Notice contents.
(1) The notice to abate shall contain:
(a) A common description of the real property by street address or otherwise on which the nuisance exists;
(b) A direction to abate the nuisance within 14 days from the date of receiving the notice;
(c) A general description of the nuisance;
(d) A statement that, unless the nuisance is abated, the city may abate the nuisance; and the cost of abatement will be charged to the person responsible;
(e) A statement that failure to abate a nuisance may cause the person responsible to be cited into municipal court with possible imposition of a fine, as well as abatement costs;
(f) A statement that the person responsible may protest the order to abate by giving notice to the City Manager within 14 days from the date of receipt of the notice; and
(g) A statement that the person responsible may request, to the City Manager, an extension of time to abate the nuisance, not to exceed 30 days, from date of receipt of original notice.
(2) The City Manager, City Engineer or Police Department shall, upon sending out notice, also cause a report to be filed in the Police Department, documenting all action occurring with this nuisance.
(3) An error in the name or address of the person responsible shall not make the notice void.
(Prior Code, § 91.23) (Ord. 1205, passed 12-5-2005; Ord. 1214, passed 11-20-2006; Ord. 1225, passed 11-5-2007) Penalty, see § 91.999