§ 90.58 SERVICE OF NOTICE; RIGHT TO HEARING.

   If the Enforcement Officer concludes that the conditions described in §§ 90.01 through 90.03, and 90.05 exist in whole or in part, he or she shall:

   (A)   Ascertain the names of the owners and descriptions of the premises where such objects and conditions exist;

   (B)   Serve, or cause to be served, notice, in writing, upon the owner and occupant of such land, either personally or by mailing notice first-class, postage prepaid, addressed to the owner or occupant at his or her last known post office address, as disclosed by the records of the County Assessor, return receipt requested, requiring such owner or occupant, as the case may be, to eradicate, or destroy and remove or otherwise abate, the nuisance within such time and manner as the Enforcement Officer may designate, which shall not be less than ten days from the date of service of such notice;

   (C)   Inform the owner or occupant by means of said notice, or an attached document, that in the event he or she disagrees with the determination of the Enforcement Officer and does not wish to abate or remove said objects or objectionable conditions, he or she may request, in writing, a hearing before the Mayor, City Manager, or City Administrator, or designee, at a time and place to be set by the Mayor, City Manager, or City Administrator, or designee. A written application for a hearing, together with a copy of the notice, must be filed with the City Recorder ten days from either the date of mailing or the date of personal service of the notice. Upon receipt of the application for appeal, the City Recorder shall notify the Enforcement Officer. If a written request for hearing is not filed within the required ten days, the notice of the Enforcement Officer shall be final;

   (D)   Failure on the part of the addressee to accept delivery or to sign the return receipt shall be sufficient to defeat the presumption of receipt for the otherwise properly-mailed notice; and

   (E)   The notice required in division (B) above shall contain information advising the affected party that the failure to correct the offending or noncomplying situation within the specified time period will result in prosecution for violation of this subchapter.

(Prior Code, § 10.12.040) (Ord. 19-2004, passed 9-1-2004)