§ 12-9.1. Notification and enforcement for removal of refuse in a public right-of-way.

When violations of this chapter occur in a public right-of-way on private property and are observed by the chief building official (or designee) or a city law enforcement officer, the city law enforcement officer or building official (or designee) shall:

(a)

Mail a notice of violation via first-class mail to the owner and occupant of the property and post the notice of violation in a conspicuous place on any structure on the property (posting is required only if a structure exists on the property).

(b)

The notice of violation shall contain:

(1)

The date and time the inspection at the property occurred.

(2)

The name and title of the city employee that inspected the property.

(3)

A recital of the conditions found on the property during the inspection that constitute a violation of this chapter.

(4)

Specific reference to the sections of the City Code that have been violated.

(5)

Notice that if the conditions constituting a violation are not corrected before five (5) days after the notice of violation is mailed to the owner and occupant and posted in a conspicuous place on any structure on the property (posting is required only if a structure exists on the property), then abatement, removal, correction, and/or elimination of the violating conditions will be done by the city with the costs to be the responsibility of and billed to the owner or occupant or both.

(6)

Notice that if the conditions constituting a violation are not corrected before five (5) days after the notice of violation is mailed to the owner and occupant and posted in a conspicuous place on any structure on the property (posting is required only if a structure exists on the property), then the owner or occupant or both shall be subject to the procedures and penalties provided in chapter 2.5 of the City Code.

(c)

Abatement or removal by the city. If the conditions constituting a violation continue beyond the time allowed for compliance in the notice of violation, then the city may abate, remove, correct, and/or eliminate the condition(s) constituting a violation.

(d)

When abatement, removal, correction, and/or elimination of the conditions constituting a violation occur pursuant to subsection (c) of this section, the owner or occupant or both of the property where the violation occurred are responsible for all related costs incurred by the city. The owner or occupant or both shall be invoiced by the city for all related costs incurred by the city.

(Ord. No. 2016-11, § 2, 5-24-16)