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(A) Commencement of proceedings. When the county official has inspected or caused to be inspected any building or premises and has found and determined that the building or premise is dangerous or abandoned, contains wreckage, rubbish or debris or is otherwise a public nuisance the county official shall commence proceedings to cause the repair, vacation, demolition and/or removal of the premises in violation of this chapter.
(1) Any notice including resolutions, and any amended or supplemental notice or resolution, shall be served upon the record owner and posted on the property; and 1 copy thereof shall be served on each of the following if known to the county official or disclosed from official public records:
(a) The holder of any mortgage or deed of trust or other lien or encumbrance of record; and
(b) The owner or holder of any lease of record; and the holder of any other estate or legal interest of record in or to the building or the land on which it is located.
(2) The failure of the county official to serve any person required herein to be served shall not invalidate any proceeding hereunder as to any person duly served or relieve any person from any duty or obligation imposed by the provisions of this section.
(C) Method of service. Service of the notice or resolution shall be made upon all persons entitled thereto either personally or by mailing a copy of the notice and order by certified mail, postage prepaid, return receipt request, to each person at their address as it appears on the last equalized assessment roll of the county or as known to the county official. If no address of any person so appears or is known to the county official, then a copy of the notice and order shall be so mailed, addressed to the person, at the address of the building involved in the proceedings. The failure of any person to receive the notice shall not affect the validity of any proceeding taken under this section. Service by certified mail in the manner herein provided shall be effective on the date of mailing.
(D) Proof of service. Proof of service of the notice and order shall be certified to at the time of service by a written declaration under penalty of perjury executed by the persons effecting service, declaring the time, date and manner in which service was made. The declaration, together with any receipt card returned in acknowledgment of receipt by certified mail shall be affixed to the copy of the notice retained by the county official.
(1) The county official shall issue a notice directed to the record owner of the property.
(2) The notice shall contain:
(a) The street address and a legal description sufficient for identification of the premises upon which the dangerous or abandoned building, manufactured or mobile home wreckage, rubbish or debris or public nuisance is located.
(b) A statement that the county official has found the property contains on the premises a dangerous or abandoned building(s), manufactured or mobile home(s), wreckage, rubbish or debris with a brief concise description of the conditions found to render the building or premise a public nuisance under § 91.036 of this chapter.
(c) A statement of the action required to be taken as determined by the county official.
(d) If the building official has determined that the building or structure must be repaired, the notice shall require that all required permits be secured therefor and the work physically commenced within the time (not to exceed 60 days from the date of the order) and completed within the time as the building official shall determine is reasonable under all the circumstances.
(e) If the county official has determined that the building or structure must be demolished, the notice shall require that the property be vacated within the time as the building official shall determine is reasonable (not to exceed 60 days from the date of the order); that all required permits be secured therefor within 60 days from the date of the notice; and that the demolition and removal be completed within the time as the county official shall determine is reasonable.
(Ord. 2003-2, passed 12-17-2003) Penalty, see § 10.99