§ 16-74. Notice and order to abate nuisance.

(a)

For purposes of this article, the respondent is the person in lawful possession of the property where a public nuisance (as described in the previous section) is located or the owner of said property if different from the person in possession.

(b)

Upon determination by the code enforcement officer or agent of the city that there exists on any property conditions constituting a public nuisance as described in the previous section, the inspector shall notify the respondent by certified mail of such conditions and shall order the abatement thereof within 15 days of the receipt of such notice. If after due diligence the respondent's address cannot be determined, then the notice required by this subsection shall be posted conspicuously on the offending property. Such notice shall inform the respondent of the right to appeal the violation.

(c)

The code enforcement officer or agent of the City of Shelby may notify a chronic violator of sections 16-71 or 16-72 of this chapter that, if the violator's property is found to be in violation of sections 16-71 or 16-72 of this chapter, the city shall, without further notice in the calendar year in which notice is given, take action to remedy the violation and the expense of the action shall become a lien upon the property and shall be collected as unpaid taxes. The initial annual notice shall be served by registered or certified mail.

A chronic violator is a person who owns property whereupon, in the previous calendar year, the City of Shelby issued a notice of violation at least three times for any nuisance in sections 16-71 and 16-72.

(d)

Maintaining or permitting to be maintained any premises including porches, patios, carports, vacant lots or land, except within a completely enclosed building, upon which grass, weeds, undergrowth, trash, garbage, offal, stagnant water, building materials, glass, wood, household appliances, tools, inoperative lawn care equipment, upholstered furniture designed for indoor use, broken, inoperative or discarded furniture or other household equipment, packing boxes, discarded clothing, junk metal, automobile parts, tires, inoperative boats, motorized equipment or machinery, building materials or other matter deleterious to good health and public sanitation which is permitted or caused to accumulate in any manner which is or may become a nuisance or cause injury to the health or welfare of residents or the public in the vicinity or causing injury to neighboring property.

(Ord. No. 55-2008, att. A, 11-17-2008; Ord. No. 45-2009, § 1, 10-5-2009; Ord. No. 23-2012, § 1, 5-21-2012; Ord. No. 39-2013, § 1, 10-21-2013)