(A) Written notice of violation; notice of the time, date, place and subject of any hearing before the City Council; notice of City Council order; and notice of motion for summary enforcement hearing shall be given as set forth in this section.
(1) Notice of violation. Written notice of violation shall be served by a peace officer on the owner of record or occupant of the premises either in person or by certified or registered mail. If the premises is not occupied, the owner of record is unknown or the owner of record or occupant refuses to accept notice of violation, notice of violation shall be served by posting it on the premises.
(2) Notice of City Council hearing. Written notice of any City Council hearing to determine or abate a nuisance shall be served on the owner of record and occupant of the premises either in person or by certified or registered mail. If the premises is not occupied, the owner of record is unknown or the owner of record or occupant refuses to accept notice of the City Council hearing, notice of the City Council hearing shall be served by posting it on the premises.
(B) When any dangerous excavation exists in the city, or an excavation for building purposes, whether or not completed, is left for more than six months without proceeding with the erection of a building thereon, the Council may order the excavation to be filled or protected or in the alternative, that erection of a building begin forthwith. The order shall require compliance thereto within 15 days.
(C) (1) The order shall be served upon the owner of the premises. The person ordered to abate the nuisance may have a hearing before the City Council. A request for the hearing must be made in writing, and filed with the City Clerk/Treasurer within the time stated in the order, or it will be conclusively presumed that a nuisance exists. The hearing will be held before the City Council at a time and place fixed by the Council.
(2) The finding of the Council shall be conclusive and, if a nuisance is found to exist, it shall be ordered abated within a reasonable time, not to exceed 15 days.
(D) If the owner of the premises fails to comply with the order within 15 days after the order is served upon him or her or within the time specified by the Council after hearing, the Council may cause the excavation to be filled or graded or protected as it deems public health and safety require.
(Ord. 13.04, passed - -)