§ 13-4. Abatement.

(a)

Whenever, in the judgment of the officer charged with enforcement of this article, it is determined that a nuisance is being maintained or exists with the city, such officer shall notify in writing the person committing or maintaining such public nuisance and require him to terminate and abate said nuisance and to remove such conditions or remedy such defects.

(b)

The written notice shall be served on the person committing or maintaining said nuisance in person or by certified mail. If the premises are not occupied and the address of the owner is unknown, service on the owner may be had by posting a copy of the notice on the premises. The notice shall require the owner or occupant of such premises, or both, to take reasonable steps within a reasonable time to abate and remove the nuisance, the steps and time to be designated in said notice, but the maximum time for the removal of the nuisance after service of the notice shall not in any event exceed 30 days. Service of notice may be proved by filing an affidavit of service in the office of the city clerk setting forth the manner and time of service of said notice.

(c)

When an order so given is not complied with, such fact shall be reported forthwith to the council for such action as may be deemed advisable to abate and enjoin the further continuation of the nuisance.

(d)

If after service of the notice, the person served fails to abate the nuisance or make the necessary repairs, alterations, or changes in accordance with the direction of the council, the council may cause such nuisance to be abated at the expense of the city and recover such expenditure, by civil action against the person or persons served. If service has been had upon the owner or occupant, the council may order the city clerk to extend such sum, as a special assessment against the property upon which the nuisance existed and to certify the same to the county auditor for collection.

(Ord. No. 22, §§ 7, 8, 2-5-68)