§ 19-42. Procedure for notification and abatement; order to abate; request for hearing; cost reimbursement upon failure.

(a)

Whenever the city by and through its authorized representatives shall determine that any owner, agent, occupant, tenant or person in possession, charge or control of any lot or ground, or any part of any lot or ground located within the city's zoning jurisdiction is in violation of the provisions of this article, the city shall provide notice to such person of the city's determination and issue an order mandating such person to abate and/or remove such nuisance. Such notice shall be delivered personally, or by certified mail through the United States Post Office, directed to such person. If such certified mail is returned with a receipt showing that it has not been delivered to such person, the city may comply with the notice delivery requirements of this section by posting a copy of such notice in a conspicuous place on or about the property. A person receiving such notice may within five calendar days after the receipt of such notice request a hearing with the city as described in such notice. If a person receiving such notice fails to timely request a hearing or fails to appear at a hearing scheduled pursuant to a timely request, then it shall be conclusively presumed that such person is in violation of the provisions of this article as set forth in such notice.

(b)

Unless a person receiving a notice pursuant to this section successfully challenges the nuisance violation set forth in such notice at a hearing requested pursuant to this section, such person shall abate and/or remove such nuisance within seven calendar days after the receipt of such notice. If a person receiving such notice fails or refuses to comply with the order to abate and/or remove such nuisance in a timely manner, the city may cause the abatement and or removal of such nuisance. The owner, agent, occupant, tenant or person in possession, charge or control of such lot or ground shall reimburse the city for its reasonable costs incurred in abating and/or removing the same including, but not limited to, labor, equipment, and disposal costs.

(Ord. No. 3193, § 1, 2-25-2002; Ord. No. 3214, § 3, 5-28-2002; Ord. No. 3387, § 1(19-42), 10-24-2005)