§ 5-8-100. Abatement generally; penalty.

(a)

Upon inspection being made by the building official, director of the fire department, or their authorized representative(s), if such inspector shall find and determine that any person has violated the provisions of this article, or that property is in such a state of abandonment as to be a menace to the public health and safety of the community, the owner and/or tenant in possession of private property upon which a violation exists, shall begin the process to remove or abate it within ten days from service of written notice from the city to do so. Such notice shall be served in accordance with section 5-8-103 hereof.

(b)

Such notice shall be served personally or by leaving it at the violator's dwelling house or usual place of abode with a competent member of his family of the age of 16 years or over then residing therein or upon a partnership, corporation or association by serving personally a partner, officer, director, trustee, managing, general or registered agent; but, if such person does not reside or maintain an office within the city, the notice shall be served by certified mail, postage prepaid, addressed to the known residence, office or principal place of business. If service of written notice is refused, and the certified mail envelope is returned with an endorsement showing such refusal, or the return of the person serving such notice states that service has been refused, notice shall be deemed complete when the fact of refusal is entered of record. If the address is unknown, or if the owner does not respond to notice by certified mail, then service shall be accomplished by notice published once in the newspaper in which the legal notices of the city may be published.

(c)

In addition to the procedure in subsections (a) and (b) above, and to any other enforcement procedure and remedy available under this chapter or any other law, any person found guilty of a violation of this section shall be guilty of a misdemeanor and subject to the penalties available under section 5-16-2 of this Code of Ordinances. Nothing contained in this section shall prevent the city from taking such other lawful action as is necessary to prevent or remedy any violation.

(Ord. No. 1938, § 2(13), 11-28-00)