§ 28-38. Enforcement; abatement of nuisance.

(a)

First violation.

(1)

Whenever a code enforcement officer reports to the code enforcement division manager that there appears to be a violation of section 28-33, 28-34, or 28-35, the code enforcement division manager shall direct that a notice of violation decision be served upon the owner, and, if applicable, the agent, custodian, lessee or occupant, directing such owner, and, if applicable, the agent, custodian, lessee or occupant, to terminate and abate the violation within fifteen (15) calendar days of the date such notice is received by certified mail, hand-delivered or posted. For purposes of this article, the term "notice is received" means the date the owner, agent, custodian, lessee or occupant initials or otherwise indicates his receipt of the notice of violation. However, in the event the notice of violation is not accepted or is returned, the term "notice is received" shall mean fifteen (15) calendar days after the later of the date the notice of violation was mailed or the property was posted. The code enforcement division manager shall, within five (5) days of the date the notice is mailed, cause a sign to be placed upon the property in a conspicuous and easily visible location. The sign shall be at least eight and one-half (8½) inches by eleven (11) inches in dimension. The notice of violation shall include a sufficient description by address and/or legal description to identify the property upon which the violation exists; a description of the violation to be terminated and abated; and a statement that if the described violation is not terminated and abated within fifteen (15) calendar days after notice is received the code enforcement division manager shall cause the violation to be terminated and abated, and to impose a special assessment lien upon the property for the actual cost of such termination and abatement, plus administrative expenses. For purposes of this section "notice is received" the day it is served upon the property owner, or the date the property is posted with said notice, or five (5) days after said notice is mailed to the property owner, postage prepaid. A preliminary nonbinding, minimum estimate of the cost of termination and abatement shall be provided as part of the notice of violation. The estimated cost of termination and abatement shall be based upon the then current rate as may be established by the board of county commissioners.

(2)

The notice of violation shall further state in bold and conspicuous letters that if such violation, within the fifteen-day period prescribed by subsection (a) of this section:

a.

Has not been terminated and abated; or

b.

Has not been timely appealed in accordance with section 28-39; or

c.

Has been timely appealed but the appeal process proves unsuccessful, then the code enforcement division manager shall cause the violation to be terminated and abated, and the actual cost of such termination and abatement, plus expenses, shall constitute a special assessment lien on the property in accordance with section 28-40.

(b)

Second or subsequent violations. If the code enforcement officer finds that the property has had more than one (1) violation within twelve (12) months from the date of the notice of violation, the code enforcement officer will file a notice of violation, and the property will be cleaned and costs of clean-up and the administrative expenses, plus the sum set forth in subsection 28-40(i)(1) or (i)(2) of this article, will be assessed. The property owner may appeal the notice of violation pursuant to subsections 28-39(a), (b) and (c).

(c)

Imminent health threat (first and subsequent violations). In a case involving a condition which poses an imminent public health threat, the code enforcement division manager may authorize the immediate termination and abatement of the condition. However, an after-the-fact notice shall be provided not later than five (5) days after the termination or abatement of the condition pursuant to the procedures described in subsection (a) above, where the notice is for a first violation, and the notice shall explain how the code enforcement division manager determined that the property contained a condition which posed an imminent public health threat requiring its immediate termination and abatement, that the property has been cleaned of the condition, and that the aggrieved party may file a notice of appeal to show that the property did not contain such violation.

(Code 1965, § 16-33; Ord. No. 88-11, § 15, 1-11-88; Ord. No. 89-11, § 1(15), 8-7-89; Ord. No. 93-07, § 6, 4-6-93; Ord. No. 98-17, § 7, 8-11-98; Ord. No. 2005-10 , § 11, 8-30-05)