§ 62-257. Same—Notice of violation.

Whenever the director of environmental management shall have determined that a nuisance enumerated in section 62-255 exists on any premises within the city's corporate limits, he shall serve written notice of violation upon the owner or occupant having control thereof, or their agent, to abate such nuisance. This notice of violation shall:

(1)

Be in writing.

(2)

State the nature of such nuisance and that such condition constitutes a nuisance.

(3)

Describe the premises where the nuisance is alleged to exist or to have been committed.

(4)

Specify a period of five days for the abatement of the nuisance and advise the owner or occupant of his right to request a hearing.

(5)

State that, unless such nuisance is abated without unnecessary delay, it may be abated by the city and the costs of such abatement may be specially assessed and shall be deemed a personal debt against the owner and constitute a lien against the property from which abated.

(6)

State that failure, neglect or refusal to abate such nuisance within the five days specified renders the owner or occupant prosecutable in municipal court, and, upon a finding of guilty, punishable by a fine of not more than $500.00 or imprisonment of not more than 180 days, or by both such fine and imprisonment.

(7)

Be served upon the owner or occupant of the premises or owner of the vehicle by delivery to him personally or by leaving such notice at his usual place of abode with a member of the family over the age of 15 years, or by mail addressed to the owner, occupant or agent. If a person to whom such notice is addressed cannot be found after diligent effort to do so, service may be made upon such person by posting the notice in or about the premises described in the notice, or by causing such notice to be published in a newspaper of general circulation. 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.

(Ord. No. 031184, § 1, 10-30-03)