§ 12-86. Notice of violation and to abate; failure to comply; correction by city.

(a)

If such person violating the terms of this article fails or refuses to comply with the demand for compliance contained in the aforementioned notice, within ten (10) days after the date of notification as provided herein, the city may go upon such property and do or cause to be done the work necessary to obtain compliance with this article. All costs, charges and expenses (hereinafter "charges") incurred in doing or in having such work done shall be a charge to, and a personal liability of, such person.

(b)

It shall be the duty of the city administrator or his/her duly appointed representative to give a minimum of ten (10) days' official notice in writing to such person violating the terms of this article, subject to the provisions herein stated.

The notice shall be in writing and may be served on such person violating the terms of this section by:

(1)

Delivering it to him or her in person;

(2)

By letter or written notice addressed to such person at the person's address as recorded in the appraisal district in which the property is located and delivered by United States certified mail, return receipt requested, with a second optional copy by United States regular mail; or

(3)

If personal service cannot be obtained:

a.

By publication once within ten (10) consecutive days in the city's official newspaper;

b.

By posting the notice on or near the front door of each building on the property to which the violations relates; or

c.

By posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates, if the property contains no buildings.

d.

If the city mails a notice to the property owner in accordance with subsection (2) and the United States Postal Service returns the notice as "refused" or "unclaimed," the validity of the notice is not affected, and the notice is considered as delivered.

e.

The city, in the notice provided herein, may inform the owner by certified mail, return receipt requested or regular mail and a posting on the property that if the owner commits another violation of the same kind or nature that poses a danger to the public health and safety on or before the first anniversary of the date of such notice, the city, without further notice, may correct the violation at the owner's expense and assess the expense against the property. If the violation, covered by a notice under this subsection, occurs within said one-year period, and the city has not been informed in writing by the owner of an ownership change, then the city, without notice, may take any action permitted by subsection (a) herein, and assess its expenses as provided by section 12-88 below.

(Ord. No. 2010-02, § 7, 1-11-2010)