(a) Points become officially assessed against a property whereupon the City provides notice of such assessment as provided in subsection (c) hereof to the property owner of such assessment.
(b) Whenever the Building Code Official or designee determines that there exists a public nuisance as defined herein, he/she shall serve notice as provided in subsection (c) hereof. The notice shall specify the type of nuisance being maintained or permitted on the premises, summarize the evidence, including advising the property owner of the violation(s) that are alleged to have occurred on the property and the date of the violation(s), the points that were assessed to the property as a result of the violation(s), inform the owner that failure to abate the violation(s) may subsequently lead to the closure and securing of the property, and the notice shall inform the owner of his/her right to request a reconsideration of the imposition of points pursuant to subsection (d) hereof. In addition, with respect to the reconsideration of points, the notice shall advise the owner that, should the owner take all reasonable and available steps to terminate the public nuisance activity, including immediately repairing the property if the property is in violation of any local or state codes or commencing an eviction action to terminate the lease of any tenant who is permitting or maintaining the public nuisance activity on the property, the City will positively consider such remedies taken by the owner when determining whether to remove the initial assessment of points from the property.
(c) Method of Service: Such notice shall be deemed to be properly served if a copy thereof is:
(1) Delivered personally; or
(2) Sent by certified or first-class mail addressed to the last known address; or
(3) If the notices are returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice.
(d) Upon the initial assessment of points, a property owner may, within fifteen (15) business days of receiving notice of such points, make a written request to the Building Code Official for the City to reconsider the imposition of points. If the initial assessment of points were for a combination of Criminal and Building, Housing, Plumbing, Fire or other related Codes violations, the Building Code Official may consult with either the Building Official, Police Chief/Commissioner and/or the Fire Chief when reconsidering the imposition of points. The City shall, within thirty (30) days, issue a written decision as to whether the assessment of points was merited or whether the property owner has taken reasonable and available actions as to necessitate the removal of the points. No reconsideration of points shall occur after the initial assessment of points.
(e) The Building Code Official or designee shall maintain on the City website and/or in written form, available for public view, a current list of all properties against which points have been assessed, the dates that points were assessed, the number of points against the property, an indication of points that are under review for reconsideration or under appeal to the Board of Appeals, and the appropriate office to contact for detailed information on the alleged violations.
(f) Once a property has accumulated enough points to be deemed a public nuisance as defined herein, the City shall serve the property owner a Notice of Closure pursuant to Section 1751.06(c) of this article. The Notice of Closure shall advise the owner of the violations that occurred at the property, the dates of the violations, the points that were assessed to the property as a result of the violation(s), and the City’s remedies it can invoke under Section 1751.05 of this article so as to abate the public nuisance. In addition, the Notice of Closure shall inform the owner of his/her right to appeal the Notice of Closure and the determination that the property constitutes a public nuisance to the Nuisance Abatement Board of Appeals within ten (10) days from the date of said notice.
(Ord. 18-2012. Passed 7-17-12.)