§ 38-26. Enforcement; abatement of nuisances.

No person shall maintain a nuisance as described in section 38-28. Any person may report a nuisance to the police or the code enforcement officer, whose duty it shall be to investigate the facts, and if in his/her opinion a nuisance is being maintained the chief of police or code enforcement officer shall serve a written notice upon the person responsible for maintaining such nuisance and if the nuisance is not abated within the required time, the chief of police or code enforcement officer shall make a complaint before a judge or magistrate. After the service of the notice and before the date specified for the abatement of the alleged nuisance, the party who was served with the notice may appeal to the city commission and shall be allowed a hearing as to whether or not the act complained of constitutes a nuisance and its decision shall be final and in case it decides that a nuisance is being maintained, the chief of police or code enforcement officer shall proceed with his complaint and warrant. The notice shall state that the responsible party must abate the alleged nuisance within the time limit set forth in the notice, which shall not be less than two days nor more than ten days from the date of the service of the notice. Such notice shall be deemed to be properly served if a copy thereof is:

(1)

Delivered personally;

(2)

Sent by certified or first-class mail addressed to the last known address; or

(3)

If the notice is returned showing that the letter was not delivered, a copy thereof shall be posted in a conspicuous place in or about the structure affected by such notice.

(Comp. Ords. Rev. 1991, § 35.182; Ord. No. 2016.01/399, 1-11-16)