(A) (1) Notice of violation. Written notice of violation shall be served by the officer charged with enforcement on either the owner of record or the occupant of the premises if the occupant be other than the owner. If the nuisance appears to be of a kind or nature which only the owner can abate, the owner of the premises must be served. The notice shall be served either in person or by certified or registered mail. If the premises are not occupied and the owner of record is unknown, or the owner of record or occupant refuses to accept the notice of violation, notice of violation shall be served by posting it on the premises. Deposit in the mail of a notice, addressed to the last known address of the person to whom the notice is directed, which can be served by certified or registered mail shall be considered service. If the notice of violation is served by mail, the date the notice is deposited in the mail shall be the date of service. The notice shall state the provision or provisions of the chapter being enforced which is or are being violated. The notice shall provide a time limit during the which the person being notified can do one of the following:
(a) Abate the nuisance;
(b) Contact the Neighborhood Services Officer; or
(c) Appeal the matter to the Legislative Hearing Officer in accordance with Chapter 31 of the city code.
(2) In the sole discretion of the Neighborhood Services Officer, the time limit may vary but shall never be less than five days nor more than 20 days from the date notice is served. The notice shall also advise the person upon whom the notice is served that the matter may be referred to the City Attorney or the Director of Public Safety for the purpose of having a criminal misdemeanor complaint issued if one of (a), (b), or (c) , as set forth above, is not done within the time limit. Further the notice shall advise the person upon whom the notice is served that each day beyond the time limit may be charged as a separate misdemeanor.
(B) Issuance of citation. As an alternative to the notice of violation for which provision is made in division (A) above, the Neighborhood Services Officer may issue a petty misdemeanor citation. Before a citation for a petty misdemeanor is issued, the Neighborhood Services Officer shall advise the person to whom the citation will be issued of a date by which the nuisance shall be abated. Such advice shall be by written notice. The written notice shall also advise the person to whom issued, that each day beyond the date set for abatement of the nuisance shall be considered a new violation for which an additional misdemeanor citation will be issued. The provisions of this section which provide for the right to appeal to the Legislative Hearings Officer shall not apply to this division and the sole resort of the person to whom notice a citation will be issued is delivered or to whom a citation is issued shall be the court which has jurisdiction.
(Ord. 878, passed 6-14-99; Am. Ord. 1005, passed 9-10-07)