Prior to the adoption of 16982 on 09/01/2001, Section 11-223 read as follows.


    (a) It shall be unlawful for any person who shall be the owner, occupant or person in control of any lot or ground, or in the case of joint tenancy, tenancy by entireties, or tenancy in common, each owner, occupant or person in control thereof, or the agent of any such person(s) having care of any lot or ground, to carry on, maintain, permit, continue or allow any acts, omissions or conditions declared to be a nuisance upon such lot or ground within the boundaries thereof, or which creates or contributes to a nuisance under the provisions of section 11-222, seven (7) days after notice from the director of health services or his duly authorized agent describing the nature and location of such nuisance. Notice shall be deemed sufficient if it shall have been served either personally, or by posting such notice upon the property in question, or by mailing such notice through the United States mail; mailed notice to be deemed served upon proof that such notice was deposited in the United States mail, first class postage prepaid and addressed, in the case of an individual, to his business address, residence address or such address as the records of the assessor shall reveal to be his address for tax purposes; or in the case of a corporation, to the registered office of agent of such corporation as the records of the secretary of state shall reveal.

    (b) For the purposes of this article the owner(s) of any fee simple absolute interest underlying any unimproved public right-of-way or portion thereof shall be deemed to be the owner(s) thereof and responsible for its maintenance under the provisions of section 11-224.

    (c) If, after the required notice, the director determines that the nuisance still exists, the director, or his designee, shall:

    (1)    Refer the violation to the city prosecutor for prosecution in a court of competent jurisdiction; or

    (2)    Schedule the nuisance for abatement action by the city, and the costs of such abatement may be levied as a special tax in the manner prescribed by law;

    (3)    Both refer the violation for prosecution and abate the nuisance. It shall not be a defense to prosecution that the city has abated the nuisance.

    (d) If the director or city manager determines that the city should abate the nuisance and levy the costs of such abatement against the property, he shall immediately cause notice of this determination to be sent to the owner, occupant or person in control of the property. Notice shall be sufficient if it complies with the provisions of paragraph (a) above. The owner, occupant or person in control shall have five (5) days from the date of mailing of the notice to request a hearing before the director.

    (e) Any hearing requested under this section shall be held as soon as possible after the request for a hearing has been made but not later than five (5) days after the request. All interested parties may appear at such hearing either in person or by attorney and present evidence concerning the matters at issue. If, upon such hearing, the director finds that a nuisance exists, he shall order the owner, occupant or agent of such property, or the person causing or maintaining such nuisance to abate the same immediately and upon failure to abate within five (5) days, shall proceed as set out in paragraph (b) of this section.

    (f) Each day, after the seven (7) days' notice provided for in paragraph (a) above, from the director or his duly authorized agent that a nuisance shall exist or continue, shall constitute a separate violation.

(Code 1964, § 10.4070; Ord. No. 10650, § 1, 7-15-85; Ord. No. 11146, § 1, 8-4-86)