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Agenda 11/11/2003
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Agenda 11/11/2003
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12/15/2003 2:55:08 PM
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12/15/2003 2:24:24 PM
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City Council
Meeting Date
11/11/2003
City Council - Category
Agendas
City Council - Type
General
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(2) <br /> <br />(3) <br /> <br />(4) <br /> <br />by posting a notice containing an order to abate or remove the nuisance, <br />within a time to be specified in the notice, upon such property; or <br /> <br />If the above method of service of notice cannot be successfully <br />completed, then by a one-time publication in a dally newspaper within <br />the city. Such notice by publication shall include a description of the <br />nuisance to be abated, the location of the nuisance. <br /> <br />In instances where a any nuisance exists on the same property in <br />violation of this article more than once during the same six month <br />period, the Building Official or his or her designee may provide notice <br />addressed to the owner and/or the person occupying or having <br />possession or the right to possession of the property by certified mall <br />that the violation exists and that further violations will be abated <br />without notification. <br /> <br />Primafacie evidence of nuisance. If the nuisance is on private property, <br />proof that a person occupies the property or that a person has possession or <br />the right to possession of the property shall constitute primafacie evidence <br />for purposes of this article that such person has caused, malmalned or <br />pemaitted the nuisance; and such person shall be responsible for its <br />abatement. The Building Official or his or her designee may enter upon <br />private property for inspection or abatement purposes in accordance with <br />this section. If any person refuses to allow entry onto his/her private <br />property, City staff may obtain a warrant from the proper official and <br />proceed in accordance therewith. <br /> <br />Separate offenses. A person notified as provided in this section shall not <br />fail, neglect or refuse to comply with the notice within the time specified in <br />such notice. For every day from the time specified in the notice that such <br />person shall fail, neglect or refuse to comply with the same and for every <br />day thereafter that such person shall fail, neglect or refuse to abate or <br />remove such nuisance, he or she may be charged with a separate offense <br />under this article. If the property has been posted with a notice to abate the <br />nuisance, failure to give notice, as set forth in this section shall not in any <br />way invalidate a lien against the land for the costs associated with abating <br />the nuisance. <br /> <br />Alternatives. Any person notified under Subsection (1) of this section shall <br />exercise one of the following alternatives within 10 days from the time <br />notice was received: <br /> <br />a. Abate the nuisance at the expense of the person so notified; <br /> <br /> <br />
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