1490.04  ENFORCEMENT PROCEDURES
   (a)   No person described in Section 1490.01 shall be charged with a violation of this Section without first being actually or constructively notified in writing of such violation by the City Manager or his designee.
   (b)   Upon becoming aware of an alleged violation, the City Manager or his designee shall cause written notice thereof (hereinafter "the notice") to be served upon the property owner(s) of record at their county-listed real estate tax mailing address by first class mail.  This mailing shall be evidenced by a certificate of mailing issued by the U.S. Postal Service and shall be deemed "constructively received" by the owner or owners on the third day after mailing, not including the date of mailing. 
      (1)   Alternatively, the City Manager or his designee shall cause the notice to be served upon the owner(s) by personal service.  Such "actual receipt" shall be evidenced by a "return of service" signed by the server.   
      (2)   The notice shall be dated, generally describe the alleged violation(s) (hereinafter "the nuisances"), identify the regulation or regulations invoked, and require the owner to correct the violations within seven days.  The notice shall offer the opportunity to appeal the allegations in the notice to the City Manager.  It shall also provide information to assist the recipient in filing his appeal with the City Manager. 
   (c)   Upon actual or constructive receipt of the notice, whichever first occurs, the owner shall cause the identified nuisances to be corrected within seven days thereafter.  However, any owner or owner's authorized agent may, within this seven day compliance period, appeal the alleged violation to the City Manager on the basis that one or more of the alleged nuisances do not exist.  Failure to appeal to the City Manager shall constitute a failure to exhaust administrative remedies and shall preclude any appeal to the courts.
   (d)   An appeal filed with the City Manager during the seven day appeal period described in (c) above shall stay all proceedings until the City Manager confirms or overrules the nuisance allegations.  Following such an appeal, the City Manager or his designee shall cause written notice of his decision (hereinafter "the decision") to be served upon the property owner(s) of record at their county-listed real estate tax mailing address by first class mail.  This mailing shall be evidenced by a certificate of mailing issued by the U.S. Postal Service and shall be deemed "constructively received" by the owner or owners on the third day after mailing, not including the date of mailing. 
      (1)   Alternatively, the City Manager or his designee shall cause the decision to be served upon the owner(s) by personal service.  Such "actual receipt" shall be evidenced by a "return of service" signed by the server.   
      (2)   In the event that any nuisance is found by the City Manager, the owner shall cure the nuisance within seven days after actual or constructive receipt of the City Manager's decision.
(Ord. 13-2012.  Passed 6-21-12.)