§ 14-33. Notice and order to abate on finding of existence.  


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  • (a)

    Upon a determination that conditions constituting a public nuisance exist, the director of development services or his designee shall notify, in writing by first class mail or personal delivery, shall notify, in writing, the owner, occupant or person in possession of the premises in question of the conditions constituting such public nuisance and shall order the prompt abatement thereof within ten days from the receipt of such written notice. Receipt shall be deemed to occur on the third day after the date of the postmark if the notice is deposited in a United States Post Office. The director of development services or his/her designee may, at staff discretion, allow a longer period for abatement of the nuisance if he believes circumstances warrant. An appeal application of staff's notice of violation determination would trigger such an enforcement abatement period until the board of adjustment appeal hearing is closed.

    (b)

    Abatement of a public nuisance shall consist of taking whatever appropriate steps are reasonably necessary to remove the conditions which result in the declaration of a public nuisance. Without limitation, the director of development services or his designee, in ordering the abatement of a public nuisance, may require the removal of debris, rubbish, accumulations of animal or vegetable matter, growth of weeds and grass, burned or partially burned buildings, the isolation of the condition to be abated so that access cannot be gained by persons or property which may be injured by the nuisance or such other steps which are reasonably necessary to abate the nuisance.

    (c)

    If the owner or occupant fails to comply with the initial abatement request, the owner will be liable for a fine in the amount of $50.00 per day up to a total of $500.00. A notice of the fine will be sent by certified mail/return receipt requested, by hand delivery, or by posting on the property. Additional fines and civil penalties may be imposed as set forth in section 14-35.

(Ord. of 9-30-1999, § 3; Ord. of 9-14-2004; Amend. of 7-13-2017)