Sec. 62-63. Closure procedure.
(a) When the chief of police believes that a structure is being employed, used, or maintained in violation of section 62-62, the chief of police may commence proceedings to cause the closure of the structure. Except in cases brought pursuant to section 62-66, if the chief of police wishes to commence proceedings:
(1) The chief of police shall notify the owner of record in writing that the structure has been determined to be criminal nuisance property. The notice shall contain the following information:
a. The street address or a legal description sufficient for identification of the premises on which the structure is located.
b. A statement that the chief of police has found the structure to be in violation of this article with a concise description of the conditions leading to his or her findings.
(2) A copy of the notice shall be served on the owner or his or her agent at least ten days prior to the commencement of any judicial action by the City. Service shall be made either personally or by mailing a copy of the notice by certified mail, postage prepaid, with return receipt requested, to the person at his or her address as it appears on the last tax assessment or as may be otherwise known to the chief of police.
(3) A copy of the notice shall also be served on the occupant of the structure not less than ten days prior to the commencement of any judicial proceeding and shall be made either personally or by mailing a copy of the notice by certified mail, postage prepaid, with return receipt requested, to his or her at the structure.
(4) A copy of the notice shall also be posted upon the property not less than ten days prior to the commencement of any judicial proceedings.
(5) The failure of any person or owner to receive actual notice of the determination by the chief of police shall not invalidate or otherwise affect the proceedings under this division.
(b) If the subject property continues as a criminal nuisance property in spite of the giving of the notices described in subsection (a) of this section, the city attorney's office is authorized to commence civil proceedings in court seeking the closure of the structure as well as the imposition of civil penalties against any or all the owners thereof and any such other relief as may be deemed appropriate. No fees shall be assessed for filing pleadings in connection with the enforcement of this division. (Code 1979, § 26-17; Ord. No. 2018-33, § 4, 8-27-2018)