§ 92.07. VIOLATIONS NOTICE.

(A) Contents. The violation notice shall contain:

(1) An order to abate the nuisance within ten calendar days of the date of delivery, or attempted delivery, of the violation notice or request a hearing within ten calendar days of the date of the violation notice. A list of persons to contact shall be included.

(2) The location of the nuisance, if such nuisance is stationary.

(3) A description of what constitutes the nuisance.

(4) A statement of acts necessary to abate the nuisance.

(5) A statement that if the nuisance is not abated as directed and no request for hearing is made within ten calendar days of the date of the violation notice, the person to whom such notice was made shall be deemed guilty of a misdemeanor and every 24 hours thereafter will be considered a separate offense.

(6) A statement that if the nuisance is not abated as directed and no request for hearing is made within ten calendar days of the date of the violation notice, the City shall seek the remedy of an administrative penalty of $50 per day.

(7) A statement that the administrative penalty will continue to accrue for each day the nuisance continues to exist for a period not to exceed ten calendar days.

(8) A statement that the owner, occupant, or agent may stop the accrual of the administrative penalty by abating the nuisance and advising the Chief of Police or the Chief’s designated representative, of the abatement. A list of persons to contact shall be included.

(9) A statement that if the nuisance is not abated following the administrative penalty period, the City will seek the remedy of prosecution and enforcement for failure to comply with the administrative order and for maintaining a nuisance under this subchapter and will abate such nuisance and assess the cost thereof against the property and pursue any other remedies available. The fee will be as set by resolution.

(10) Service on nonresidents or absentee owners shall be made by posting a copy of the notice of abatement letter on the property involved and publishing a legal notice in the local newspaper no longer than ten days nor less than one day prior to the proposed date of abatement.

(11) Absentee land owners, to include firms, corporations, or businesses, are required to designate to the Police Department a curator to facilitate enforcement of nuisance violations.

(B) Service. The violation notice may be served personally on the owner, occupant, or agent of the real property or may be served by certified mail upon the owner, occupant, or the owner or occupant’s designee. If the address or whereabouts of the owner, occupant, or agent cannot be determined after due diligence, then the violation notice shall be published in the official City newspaper. If the nuisance violation relates to improvements such as buildings or structures, the notice shall also be posted on the building or structure.

(Ord. 01-24, passed 4-2-01; Am. Ord. 09-12, passed 4-20-09)