§ 23-3. Notice to abate.

(a)

Whenever a nuisance is found to exist within the city or within five thousand (5,000) feet of the city limits, the director of planning and community development shall give written notice to the owner or occupant of the property upon which such nuisance exists or upon the person causing or maintaining the nuisance. In the case of weeds, brush, or other rank vegetation located in an alley, such notice shall be served the owner or occupant of the property abutting such alley.

(b)

Such notice shall contain:

(1)

An order to abate the nuisance within a stated time, which shall never be less than ten (10) days, or to request a hearing before the city manager within ten (10) days.

(2)

The location of the nuisance, if the same 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 (10) days, the city will abate such nuisance and assess the cost thereof against such person.

(c)

Service of such notice may be affected by personally delivering the written notice into the possession of the party or parties, person or persons concerned. Said service may also be affected by a letter, posted by certified, return receipt requested mail, addressed to the party or parties, person or persons concerned at his last known post office address, or by publication as many as two (2) times within ten (10) consecutive days.

(d)

The notice of a violation shall inform the owner, delivered as required by subsection (c), that if the owner commits another violation of the same kind or nature that poses a danger to the public health and safety on or before the first anniversary of the date of the notice, the city without further notice may correct the violation at the owner's expense and assess the expense against the property. If a violation covered by a notice under this section occurs within the one-year period, and the city has not been informed in writing by the owner of the ownership change, then the city without notice may take any action permitted by section 23-6 and assess its expenses as set forth in said section.

(Code 1960, §§ 12-11(e), 12-12; Ord. No. 93-99, § 2, 10-14-93; Ord. No. 01-093, § 2, 12-13-01)