§ 38-98. Enforcement; abatement of nuisance.

(a)

First violation. Whenever a code enforcement inspector reports to the code enforcement division manager that there appears to be a violation of section 38-94 or 38-95, the code enforcement division manager shall direct that a notice of violation be served upon the owner, and, if applicable, the agent, custodian, lessee or occupant, directing such owner, and, if applicable, the agent, custodian, lessee or occupant, to terminate and abate the violation within ten calendar days of the date such notice is received. For purposes of this division "notice is received" on the earliest of the day it is hand delivered to the property owner, the date the property is posted with said notice, or five days after said notice is mailed to the property owner, postage prepaid The code enforcement division manager shall, within five days of the date the notice is mailed, cause a sign to be placed upon the property in a conspicuous and easily visible location. The sign shall be at least eight inches by twelve inches in size and shall include the following information:

(1)

A sufficient description by address and/or legal description to identify the property upon which the violation exists;

(2)

A description of the violation to be terminated and abated;

(3)

A statement that if the described violation is not terminated and abated within ten calendar days after notice is received the code enforcement division manager shall cause the violation to be terminated and abated;

(4)

That a special assessment lien shall be imposed upon the property for the actual cost of such termination and abatement, plus administrative expenses; and

(5)

A preliminary nonbinding, minimum estimate of the cost of termination and abatement.

(6)

The notice of violation shall further state in bold and conspicuous letters that if such violation, within the ten-day period prescribed by subsection (a) of this section:

a.

Has not been terminated and abated; or

b.

Has not been timely appealed in accordance with section 38-99; or

c.

Has been timely appealed but the appeal process proves unsuccessful, then the code enforcement division manager shall cause the violation to be terminated and abated, and the actual cost of such termination and abatement, plus administrative fees, shall constitute a special assessment lien on the property in accordance with section 38-100.

(b)

Subsequent violation during same calendar year. If weeds, excessive growth of grass or plant material are permitted to grow or accumulate on private property in violation of this article more than one time within one calendar year of, a prior violation that was terminated and abated pursuant to this division, then the director of code enforcement, or his/her duly authorized agent, may, without further notification, remove such noxious growths in the manner set forth in section 38-98(c) of this Code, and may collect the total cost of such removal in the manner set forth in section 38-100 of this Code. The director of code enforcement or designee may hire and enter into contracts with independent contractors to destroy or remove such weeds, excessive growth of grass or plant material.

(c)

Imminent health threat (first and subsequent violations). In a case involving a condition which poses an imminent public health threat, the code enforcement division manager may, without prior notice, authorize the immediate termination and abatement of the condition.

(d)

After the fact notice: Whenever the code enforcement division manager proceeds pursuant to subsection (b) or (c) herein, an after-the-factnotice shall be provided not later than five days after the termination or abatement of the condition ,which notice shall include the following:

(1)

A description of the conditions that were terminated and abated;

(2)

Whether the conditions were terminated and abated without prior notice due to subsection (b) or (c), herein;

(3)

The actual cost of the termination and abatement, together with administrative fees, is due to be paid within ten days of the notice;

(4)

That the failure to pay the actual costs and administrative fees when due will result in imposition of a special assessment lien against the property; and

(5)

That the property owner may file a notice appeal to show that the property did not contain such violation within ten days of the notice, as provided by section 38-99.

(e)

[Terminated and abated.] If the owner or other person in control of any property fails to destroy the weeds, excessive growth of grass or other plant material and thereby abate the nuisance within ten days after the notice described in section 38-98(a) is delivered, the director of code enforcement or designee, shall cause such nuisance to be terminated and abated. The director of code enforcement or designee may hire and enter into contracts with independent contractors to destroy or remove such weeds, excessive growth of grass or other plant material.

(Ord. No. 08-06, § 2, 1-10-08; Ord. No. 09-01, § 2, 1-5-09)