§ 200-36. Notice to abate.

The provisions of this section shall be in the alternative to any other provision of this chapter.

A. 

Whenever a public nuisance, as defined in this chapter, is found to exist within any of the designated CH Districts, any Municipal Code Enforcement Officer, upon observing any violation of this chapter, shall issue a notice directed to the owner of record of the property on which the nuisance occurs and/or the occupant of the property.

B. 

The notice shall describe the violation and shall establish a reasonable time limit for the abatement thereof by the owner or occupant or tenants. Said limit shall not be less than two days nor more than 15 days after service of notice.

C. 

Every person, including the owner, his agent, lessee or occupant of the property where such public nuisance exists, shall abate any public nuisance by the correction, or removal of the public nuisance within 15 days of being given notice, or by entering into a written agreement with the City for the correction or removal of the nuisance within said 15 days.

D. 

If an agreement is entered into within the fifteen-day period, the time limits of this section shall be stayed.

E. 

If the person so cited disagrees with the decision made by the City Manager or his designee, that person shall have the right to request, within 15 days of the initial notice, a hearing before the Design Review Board. If a request for hearing is made within the fifteen-day period, the time limits of this section shall be stayed pending a decision by the Design Review Board.

F. 

The notice may be served personally or by certified mail at the owner's or occupant's last known address.

G. 

When a judgment is entered against the defendant in an action to abate the public nuisance, the defendant shall pay all court costs and reasonable attorneys' fees for complaint when the suit is not prosecuted exclusively by the City Attorney.