Ordinances-1980-90

5. A statement that if the nuisance or condition is not abated as directed and no request for hearing is made within the time prescribed, the city will abate it and assess the costs against such person. SECTION VI. Method Of Service. The notice may be in the form of an ordinance or sent by certified mail to the property owner as shown by the records of the county auditor. SECTION VII. Request For Hearing And Appeal. Any person ordered to abate a nuisance or condition may have a hearing with the City Council as to whether a nuisance or prohibited condition exists. A request for a hearing must be made in writing and delivered to the officer ordering the abatement within the time stated in the notice, or it will be conclusively presumed that a nuisance or prohibited condition exists and it must be abated as ordered. At the conclusion of the hearing, the hearing officer shall render a written decision as to whether a nuisance or prohibited condition exists. If he finds that a nuisance or prohibited condition exists, he must order it abated within an additional time which must be reasonable under the circumstances. An appeal from this decision may be had by immediately filing a written notice with the hearing officer. This appeal will be heard before the City Council at a time and place fixed by the Council. The findings of the council shall be conclusive and, if a nuisance or prohibited condition is found to exist, it shall be ordered abated within a time reasonable under the circumstances. SECTION VIII. Abatement In Emergency. If it is determined that an emergency exists by reason of the continuing maintenance of the nuisance or condition, the city may perform any action which may be required under this ordinance without prior notice. The city shall assess the costs as provided in Section X of this ordinance, after notice to the property owner under the applicable provision of Sections IV and V and hearing as provided in Section VII. SECTION IX. Abatement By Municipality. If the person notified to abate a nuisance or condition neglects or fails to abate as directed, the city may perform the required action to abate, keeping an accurate account of the expenses incurred. The itemized expense account shall be filed with the city clerk who shall pay such expenses on behalf of the municipality. SECTION X. Collection Of Cost Of Abatement. The clerk shall mail a statement of the total expense incurred to the property owner who has failed to abide by the notice to abate, and if the amount shown by the statement has not been paid within one month, he shall certify the costs to the county auditor and it shall then be collected with, and in the same manner, as general property taxes. SECTION XI. Penalty. Anyone violating any of the provisions of this ordinance shall upon conviction be subject to a fine not exceeding one hundred dollars ($100.00).