Title 8 HEALTH AND SAFETY
Chapter 8.13 ABATEMENT OF NUISANCES
8.13.090 Abatement.
In addition to, or as an alternative to prosecution as provided in Section
8.13.080 of this chapter, the public officer may seek to remedy violations of
this chapter in the following manner: if a person to whom an order has been
served pursuant to Section 8.13.060 of this chapter has neither alleviated the
conditions causing the alleged violation nor requested a hearing before the
governing body within the time periods specified in Section 8.13.070 of this
chapter, the public officer may present a resolution to the governing body for
adoption authorizing the public officer or other agents of the city to abate the
conditions causing the violation at the end of ten days after passage of the
resolution. The resolution shall further provide that the costs incurred by the
city shall be charged against the lot or parcel of ground on which the nuisance
was located as provided in Section 8.13.110 of this chapter. A copy of the
resolution shall be served upon the person in violation in one of the following
ways:
A. Personal service upon the person in
violation;
B. Certified mail, return receipt requested;
C. In
the event the whereabouts of such person are unknown and the same cannot be
ascertained in the exercise of reasonable diligence, an affidavit to that effect
shall be made by the public officer and filed with the city clerk, and the
serving of the resolution shall be made by publishing the same once each week
for two consecutive weeks in the official city newspaper and by posting a copy
of the resolution on the premises where such condition exists;
D. If the
owner or the agent of the owner of the property has failed to accept delivery or
otherwise failed to effectuate receipt of a notice or order sent pursuant to
this section during the preceding twenty-four (24) month period, the governing
body of the city may provide notice of the issuance of any further orders to
abate or remove a nuisance from such property or provide notice of the order by
such methods including, but not limited to, door hangers, conspicuously posting
notice of such order on the property, personal notification, telephone
communication or first class mail. If the property is unoccupied and the owner
is a nonresident, notice provided by this section shall be given by telephone
communication or first class mail. (Ord. G-979 § 1 (part),
2006)
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