§ 78-32. Notice to abate.

Upon observing a violation of the provisions of this article, and provided that the city has published the required notice in a newspaper of general circulation, an enforcement officer may issue a notice to abate as described below:

(1)

Improved property. The notice will be posted in a conspicuous location, where possible, upon the property at issuance with a time frame of 72 hours to abate the overgrowth from the date of the violation. Repeat offenses within the same calendar year may be abated by the city without notice.

(2)

Unimproved property. The notice will be provided to the occupant and/or property owner via first-class mail with a time frame of ten days to abate the overgrowth from the date of the violation. Repeat offenses within the same calendar year may be abated by the city without notice.

The enforcement officer may grant additional time where bona fide efforts to abate the violation are in progress. Failure to receive such notice is not a defense to any action by the city to abate the violation, collect abatement costs, collect administrative costs, or impose penalties authorized by this Code. Nothing in this provision impacts the city's ability to pursue any and all other remedies permitted by law, including but not limited to, the issuance of a municipal civil infraction citation to address a violation.

The notice to abate shall state the following:

(1)

The nature of the violation;

(2)

The time frame within which the owner and/or occupant shall abate the violation.

(3)

If the owner and/or occupant fail to abate the violation, the enforcement officer may issue a municipal civil infraction citation.

(4)

The city may act to abate the violation, if it is not abated by the owner or occupant;

(5)

The cost of abatement by the city, plus an administrative fee, shall be a personal debt of the owner which may be assessed as a tax lien against the property until paid.

(Ord. No. 769, § 1, 3-20-06; Ord. No. 09-816, § 2, 4-20-09)