§ 57-44. Administrative action.

(a)

Notice of violation; service. If it is determined by the deputy director that a violation exists on property, the deputy director shall notify the owner and any known responsible party of the violation. Service of notice shall be by first class mail, by personal service, by posting in a conspicuous place on the property, or by a combination of such service that provides for legally sufficient notice of violation. Procedures for serving notice shall be as prescribed in rules and regulations. Notice shall be deemed served on the date of receipt by the person personally served or upon the fifth day after posting or mailing.

(b)

Notice of violation; content. The notice of violation shall identify the property in violation, generally describe the violation, explain the consequences under this article if the violation is not abated within ten (10) days of service of the notice of violation, and the right of the owner or responsible party to appeal the notice of violation as provided in this section. The notice of violation shall be effective for any violations under this article that occur on the property for a one-year period from the date of the notice of violation.

(c)

Abatement and lien. In the event that the owner or responsible party fails to abate the violation as required by the notice of violation, the deputy director may enter upon the property to abate the violation and bill the owner or responsible party for the costs thereof. In the event that the bill is not paid with respect to a violation under section 57-43, the deputy director shall certify a statement thereof to the manager of revenue who shall record a notice of such lien with the clerk and recorder. An action or other process provided by law may be maintained by the city to recover or collect any amounts, including interest and administrative costs, owing under this provision. Additional costs may be recovered for removal, hauling, storage, and disposal expenses and for any expenses incurred retaining and paying a contractor to perform the required abatement.

(d)

Entry by warrant. A court-issued warrant for the purpose of abating a violation will not ordinarily be required if the violation on the property is plainly visible from public property or from adjacent private property. A warrant is required when the property owner expressly denies permission to enter the property or requests that any persons performing an abatement leave the property. A warrant is also required for entry to any portion of the property that lies behind a solid fence or other enclosure that prevents this portion of the property from being plainly visible or that lies behind any kind of fence or enclosure that is locked or otherwise secured from ready access. Warrants shall be obtained and executed in the manner otherwise provided by law. Nothing in this article authorizes the removal from private property anything other than unattended vegetation debris and trimmings and associated vectors, nor does this article authorize entry into any occupied building.

(e)

Appeal. The owner or responsible party may appeal the notice of violation, in accordance with the procedures set forth in section 12-19, by filing a notice of appeal with the deputy director within ten (10) days of service of the notice of violation. The owner or responsible party may appeal any bill received under subsection (c) of this section, in accordance with the procedures set forth in section 12-19, by filing a notice of appeal with the deputy director within thirty (30) days of the date of the bill. All appeals must be accompanied with payment of an appeal fee as set by rules and regulations to defray administrative costs.

(Ord. No. 273-02, § 1, 4-8-02)