§ 100.22. CONTENT AND FORM OF NOTICE.

(A)

The notice provided for in Section 100.21(A) shall notify the owner of the land of the following:

(1)

That it has been determined that a public nuisance exists on the land, and what condition constitutes that nuisance.

(2)

That the owner of the land shall have seven (7) days (forty-two (42) days in the case of a violation of Section 100.04 pertaining to seawalls) from delivery of the Notice of Public Nuisance to remove the condition causing the nuisance on the land.

(3)

That if the condition is not corrected or removed within the time specified, the City will have it corrected or removed at the expense of the owner, including all costs of inspection and administration. Alternatively, any of the enforcement procedures contained in Chapter 37 of the Code of Ordinances may be utilized.

(4)

That after delivery of the notice if the owner has not requested a hearing within five (5) days and has not corrected the condition causing the public nuisance within seven (7) days, the City shall have the right to have the objectionable condition corrected or removed at the expense of the owner. If the City has the condition abated and payment is not received within thirty (30) days after the mailing of a notice of assessment for the cost of the work, together with all costs of inspection and administration, then the City shall have a lien placed against the property for the cost of the work, including inspection and administrative costs, plus interest at the rate of eight (8) percent, plus reasonable attorney's fees and other costs of collecting the sums, without further hearing by the Code Enforcement Board or the City Commission and without further notice of the recording of said lien. Said lien shall be on a par with general city taxes.

(5)

The approximate range of cost for the City to correct the nuisance condition, exclusive of administrative costs, interest, collection costs or Attorney's fees.

(6)

That if the condition constituting a public nuisance as enumerated in the notice recurs within the twelve-month period commencing from the delivery date of the notice, the City may immediately and without further prior notice, correct or remove the condition each time it recurs within said 12-month period, at the expense of the owner, including all costs of inspection and administration.

(7)

That if the notice is not deliverable or the return receipt is not received by the Code Enforcement Division within fifteen (15) days after the mailing date and hand delivery cannot be reasonably accomplished, a copy of the notice shall be posted in plain view upon the land where the public nuisance exists and shall be considered delivered on the date posted. If the condition constituting the public nuisance is not corrected within seven (7) days after posting, the City shall have the right to enter upon the premises and take steps reasonably necessary to correct or remove the condition at the expense of the owner of the property. Posting shall be sufficient notice that recurrence of any condition cited within the twelve-month period specified above shall be subject to immediate abatement without further prior notice.

(8)

Appeal dates and procedures for a notice of public nuisance issued pursuant to [Section] 100.21(A) shall be as follows:

(a)

The owner shall have five (5) days from the delivery date of the notice of public nuisance to file a written petition with the City Manager or his designee for a hearing before a three-person panel. Said panel shall be composed of the City Manager, the Director of Environmental Services or the City Engineer, and the Director of Parks and Recreation, or their designees. The hearing shall be scheduled within ten (10) days of the date that the petition is received by the City Manager.

(b)

The issues to be determined at the hearing are whether the condition does in fact exist, why the condition should not be abated by the City at the expense of the owner, and the time limit for the abatement. The source of the condition shall not be a defense against the requirement that the condition shall be abated by the owner.

(c)

If after the hearing the panel determines that the condition which exists on the property constitutes a public nuisance and is in violation of city ordinance, the owner of the property shall have a reasonable time, as determined by the panel, to correct or remove the condition, after which time the City shall have the right to have the condition abated at the expense of the property owner. If after delivery of the notice the owner has not requested a hearing within five (5) days and has not corrected the condition causing the public nuisance within seven (7) days, the City shall have the right to have the objectionable condition corrected or removed at the expense of the owner. If the City has the condition abated and payment is not received within thirty (30) days after the mailing of a notice of assessment for the cost of the work together with all costs of inspection and administration, the City shall have a lien placed against the property for the cost of the work, including inspection and administrative costs, plus interest at the rate of eight (8) percent, plus reasonable attorney's fees and other costs of collecting the sum, without further notice of the recording of said lien. Said lien shall be on a par with general City taxes.

(B)

The content and notice under 100.21(B) shall conform to the requirements of law. Appeal of Code Enforcement Board orders or county court citation or a notice to appear shall be as provided by law.

(C)

The notice provided [for] in [Section] 100.22(A) shall be given prior to seeking injunctive relief.

(Code 1980, §§ 13-16(b), 13-17; Ord. No. 69-78, passed 10/9/78; 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. 41-89, passed 7/25/89; Am. Ord. No. 9-99, passed 4/6/99; Ord. No. 41-05, § 5, passed 6/21/05)