§ 18-13. Notice to abate.  


Latest version.
  • (a)

    Whenever the director finds a violation of section 18-1, 18-7, 18-11, or 18-12 to exist, he shall cause notice to be posted on the property upon which the public nuisance exists. The posted notice shall state:

    (1)

    A description of the public nuisance;

    (2)

    That the nuisance shall be corrected within ten (10) days from the date on the notice;

    (3)

    That upon failure to correct the public nuisance as specified in the notice, the case may be referred to the special magistrate as a violation of this chapter pursuant to Chapter 11, and/or the city may take all necessary steps to abate the violation;

    (4)

    The procedure for the violator to follow to request an administrative hearing to contest the violation;

    (5)

    That all abatement actions performed by the city or a private contractor hired by the city shall cause a special assessment and lien for the total costs thereof to be placed on the property;

    (6)

    That the owner, custodian, agent, lessee, trustee or occupant of the property is subject to prosecution pursuant to section 1-6, City Ordinance for a violation of Chapter 18; and

    (7)

    That the city, notwithstanding the above, reserves the right to proceed with an action foreclosing the lien in the manner provided by law and to hold the owner of the property personally liable for the cost of correcting the violation.

    (b)

    In addition to the posting of the property, notice shall also be provided pursuant to section 11-16.

    (c)

    Notice by posting as provided in subsection (a), together with evidence that an attempt has been made to mail notice in subsection (b), shall be sufficient to show that the notice requirements of this section have been met.

    (d)

    If a repeat violation is found to exist, the director shall provide notice to the alleged repeat violator, but is not required to give the repeat violator time to correct the violation. The city may proceed directly by taking all necessary steps to abate the violation with all associated costs being the responsibility of the owner, custodian, agent, lessee, trustee, or occupant.

( Ord. No. C-09-18, § 2, 7-7-09 )