§ 100.21. NOTICE OF VIOLATION REQUIRED; ABATEMENT AND ALTERNATIVE ENFORCEMENT.  


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  • (A)

    If the City Manager or his designated representative determines that a public nuisance exists in accordance with the standards set forth in this Chapter on any lot, tract, parcel or other real property within the City, whether improved or unimproved, he shall notify the owner of the property as stated upon the last complete records of the County Property Appraiser. The notice shall be given in writing by certified mail, return receipt requested, postage prepaid, or by hand delivery which shall be effective and complete when delivered and shall be considered sufficient notice. In case of multiple or joint ownership, service as herein provided on any one owner shall be sufficient. The personal delivery by the City Manager or his designated representative in lieu of mailing shall be equivalent to mailing. In the event that the mailed notice is returned by the postal authorities or the return receipt is not received by the Code Enforcement Division within fifteen (15) days after mailing, and the notice cannot be reasonably hand delivered to the owner of the property or his agent, the notice shall be given by a physical posting of the notice on the subject property pursuant to subsection 100.22. "Reasonably hand delivered" shall mean one attempt to hand deliver, if the owner or his agent resides within the City limits, between the hours of 8:00 a.m. and 5:00 p.m. on any weekday, excluding Saturdays, Sundays and holidays.

    (B)

    Alternatively, City Code Enforcement Officers may issue a written warning notice in person or by certified mail, return receipt requested, postage prepaid, to the person who committed the violation. Said notice shall specify the Section of the Code of Ordinances that is being violated and the required correction date. In the event the violation enumerated on the warning notice is not corrected as specified, a Code Enforcement Officer may issue a County Court citation or a notice to appear at a hearing in County Court pursuant to Chapter 37 of the Code of Ordinances or in the alternative, a code enforcement action before the Code Enforcement Board may be instituted.

    (C)

    The City may also seek any and all other relief allowed pursuant to law including but not limited to injunctive relief and damages as permitted by law.

(Code 1980, § 13-16(A); Ord. No. 79-81, passed 12/8/81; Am. Ord. No. 20-82, passed 3/23/82; Am. Ord. No. 75-83, passed 11/22/83; Am. Ord. No. 59-85, passed 6/25/85; Am. Ord. No. 15-95, passed 3/7/95; Am. Ord. No. 9-99, passed 4/6/99; Ord. No. 41-05, § 4, passed 6/21/05)