§ 16-32. Issuance, service of notice—Public nuisances.  


Latest version.
  • (a)

    Whenever the director receives information of the existence of any lot or parcel that contains a public nuisance as defined by this Code, the director of code enforcement services or his designee shall cause written notice to be issued to the owner and lien holder of record of the lot or parcel of the violation provided that notice shall not be required prior to abatement of violations described in subsections 16-35(a)(1) and (2). Junked cars will be addressed per [section] 16-31, with food service establishments addressed per article I.

    (b)

    Unless specified otherwise, notice shall be provided in one (1) of the following forms:

    (1)

    Personally in writing.

    (2)

    By letter mailed to the owner's address as recorded in the Maverick County Appraisal District records. If letter is returned, it will be resent via certified mail and returned receipt.

    (3)

    If service cannot be obtained by the above, then notice shall be given by one (1) of the following:

    a.

    By publication at least once.

    b.

    By posting the notice on or near the front door of each building on the lot or parcel to which the violation relates.

    c.

    By posting the notice on a placard attached to a stake driven into the ground on the lot or parcel to which the violation relates, if the lot or parcel contains no buildings.

    (c)

    When the known owner is a corporation or other entity, notice shall be served or addressed for delivery to the president, vice-president, or registered agent of the corporation or other entity. When the corporation or other entity shall fail to appoint or maintain a registered agent, or whenever its officers or registered agent cannot with reasonable diligence be found at the registered office, duplicate copies of the notice may be served on the secretary of state by sending said duplicate copies by certified mail, return receipt requested.

    (d)

    Unless specified otherwise, notice under this article shall contain all of the following items:

    (1)

    An identification, which is not required to be a legal description, of the lot or parcel.

    (2)

    A description of the Code violations that occurred on the lot or parcel.

    (3)

    The time period, as provided in this article, in which the owner must abate the nuisance.

    (4)

    A statement noting that upon failure of the owner to abate the situation within such time period, the city may cause the correction and abatement work to be done on its own and charge the owner for the expense involved as set out in this article, and upon failure of the owner to pay the city for such expense, the city may fix a lien on the lot or parcel for the expense involved.

(Ord. No. 2012-27, § 1, 9-11-2012; Ord. No. 2015-22, § 1, 9-15-2015; Ord. No. 2016-09, § 2, 2-2-2016)