§ 48-63. Order to remove nuisances.

(a)

Whenever the existence of a nuisance enumerated in this Code is found on property during an inspection, the director may issue an order to remove nuisances or act to immediately remove nuisances as provided in section 48-68.

The order shall:

(1)

Be in writing.

(2)

Specifically describe each condition on the property declared to be a nuisance.

(3)

Identify what action will remedy each nuisance.

(4)

Describe the premises where the nuisance exists or has been committed.

(5)

Provide a reasonable time, not less than ten days, in which to abate each nuisance identified in the order and ensure the property is kept free of the reoccurrence of the same nuisance in the future.

(6)

Advise the owner of the right to request a hearing before the nuisance is abated by the city with the costs of such abatement to be specially assessed and deemed a personal debt against the owner and constitute a lien against the property from which abated.

(7)

State that failure, neglect or refusal to abate such nuisance within the ten days specified renders the owner and/or occupant prosecutable in municipal court, and, upon a finding of guilty, subject to penalties consistent with section 48-72 of this Code.

(8)

Be served upon the owner or occupant of the premises by personal service, or by first class mail to both the occupant of the property at the property address and the owner at the owner's last known address, if not the same. If the owner or occupant is a corporation, notice shall be served upon an officer, a person in charge of any local business office, or its registered agent or any other agent authorized by appointment or required by law to receive service of process.

(b)

The director may publish notices before and during the months of April through October to remind owners of vacant land and unoccupied property of their responsibility to mow the property at a frequency sufficient to prevent the growth of rank weeds as defined in 48-1.

(Ord. No. 070795, § 1, 8-2-07; Ord. No. 160608 , § 1, 8-18-16)

Editor's note

Ord. No. 070795, § 1, adopted August 2, 2007, amended the Code by repealing former § 48-63, and adding a new § 48-63. Former § 48-63 pertained to notices of violation, and derived from Ord. No. 971346, adopted October 2, 1997; Ord. No. 011531, adopted November 8, 2001; and Ord. No. 011662, adopted December 13, 2001.