A. Any event, incident, element or condition constituting a violation or failure to comply with any requirement of this chapter or any article under this chapter shall be considered a threat to public health, safety and welfare and therefore deemed to be a nuisance. At the option of the enforcement officer, nuisances shall be processed as a civil action or in the manner set forth in this section.
B. Except in cases where a nuisance is deemed to constitute an immediate or imminent threat to life or property, the enforcement officer shall notify the property owner in writing before taking action to abate a nuisance. The written notice shall be delivered by first class mail, postage prepaid, to the property owner at its last known address as shown by the records of the county auditor no less than seven (7) days before the date of mailing. In addition to mailing, the written notice shall, if possible, be posted on the property in a conspicuous place. Such notice shall be dated and shall include the following information:
1. Name of the property owner;
2. Location and description of the nuisance;
3. Actions that must be taken to abate the nuisance;
4. Deadline by which the required actions must be completed;
5. Amount of administrative and remediation fines, fees, or costs, if any and if known;
6. Statement that the property owner has a right to appeal the notice in accordance with the procedures set forth in this chapter; and
7. Statement that, if the property owner fails to take required action within the stated deadline, the work may be done by the city at the property owner's expense.
C. If the property owner does not abate the nuisance as required by the notice, the enforcement officer may enter upon the subject property and take measures necessary to abate the nuisance. It shall be unlawful for any person to refuse to allow the city, or the city's designated contractor, to enter upon the premises for purposes of abating a nuisance.
D. If any nuisance is deemed to be an immediate or imminent threat to life or property, the enforcement officer may order the nuisance abated without advance written notice to the property owner and opportunity for appeal. As promptly as practicable, the enforcement officer shall notify the property owner in writing of the nuisance and action taken to abate the nuisance. (Ord. 4980, 12-14-2009)