8.10.040 Declaration of chronic nuisance property and procedure.
A. The code enforcement officer may declare that a property is a chronic nuisance property, as defined in this chapter, when there are specific facts and circumstances documenting (1) the occurrence of three (3) or more nuisance activities on a property within sixty (60) days or seven (7) or more nuisance activities within a twelve (12) month period, or (2) activity on a property as described in Section 8.10.020(H). The code enforcement officer shall provide written notice of this declaration to the persons in charge of the property. The notice shall be sent by first class mail or personally served, and a copy shall be sent by certified mail. The notice shall contain:
1. The street address or a legal description sufficient for identification of the property;
2. A declaration that the code enforcement officer has determined the property has become a chronic nuisance property with a concise description of the nuisance activities that exist or that have occurred;
3. A notice that the owner and other persons in charge of the property are subject to monetary penalties as set forth in Section 8.10.070;
4. A demand that the owner and other persons in charge respond to the code enforcement officer within seven (7) days of service of the notice to discuss a course of action to correct the nuisance;
5. A notice that, if the person in charge does not respond to the code enforcement officer as required in this section, or if the matter is not voluntarily corrected to the satisfaction of the code enforcement officer, the city may file an action to abate the property as a chronic nuisance property pursuant to Section 8.10.080 and/or take other action against the property or person in charge.
B. When a notice is issued pursuant to this section to a person in charge, other than an owner or an owner’s agent, who has permitted a property to become a chronic nuisance property, a copy of such notice shall also be sent by first class mail or personally served on the owner of the property, and a copy shall be sent by certified mail.
C. If the owner or person in charge responds as required by the notice issued pursuant to subsection (A) of this section and agrees to a course of action to abate the nuisance activities, a written correction agreement conforming to the requirements of Section 8.10.060 shall be executed.
D. If (1) the agreed course of action does not result in the abatement of nuisance activities to the satisfaction of the code enforcement officer within thirty (30) days of issuance of the notice pursuant to subsection (A) of this section, or within such longer period as permitted by the code enforcement officer in writing or (2) the person in charge fails to respond as required by the notice, the code enforcement officer may refer the matter to the city attorney for initiation of proceedings pursuant to Section 8.10.080.