Sec. 142-72. Notice of violation.
(a) Whenever the city manager or the manager's designee determines that there is probable cause to believe a violation of any provision of this article has occurred, the manager or designee may, in his or her discretion, issue to the owner or occupant of the subject lot or open area either a summons or complaint or a notice which lists each alleged violation. Such notice, if issued, shall:
(1) Be in writing;
(2) Include a statement of the reason for its issuance;
(3) Provide a date certain by which the violation shall be corrected; and
(4) Be served upon the owner or occupant; provided that:
a. If the owner or occupant is unable to be personally served, service of the notice shall be deemed complete when a copy thereof is sent by accountable mail to the last known address of the last known owner of the subject lot or open area, such address and owner being those which appear on the most recent general property tax assessment for such property levied by the appropriate county; or
b. If the owner or occupant is unable to be personally served and the address of such owner or occupant cannot be found after diligent efforts are made to do so, service of the notice shall be deemed complete upon posting such notice in a conspicuous place on or about the subject lot or open area, in which event, a record shall be made as to the reason such posting is necessary.
(b) Before the city abates any violation of this article, a notice shall be issued to the owner or occupant of the subject lot or open area. Such notice shall comply with each of the requirements set forth in subsection (a) of this section and shall further indicate that:
(1) If the city abates the violation, the costs and expenses incurred by the City as a result of such abatement will be assessed against the owner or occupant with notice of the amount of such assessment being mailed to the owner or occupant upon the completion of such abatement; and
(2) A lien for such costs and expenses shall attach if no payment thereof is received by the city within 30 days after the mailing of the assessment notice, with the attachment of such lien creating such additional costs and expenses as enumerated in the notice. (Code 1979, § 40-53.1; Ord. No. 2005-93, § 7, 12-5-2005)