§ 11-160. Elimination of nuisance.

(a)

If the property owner fails to correct the violation as required in the notice provided to pursuant to section 11-159, the matter shall be referred to the code enforcement board. Upon the code enforcement board having conducted an impartial evidentiary hearing and having issued an order determining that a violation has occurred, the property owner(s) shall take immediate action to comply with the code enforcement board order and correct the nuisance. If the property owner(s) has/have not corrected the nuisance either within 30 days of the issuance of the code enforcement board order or within the time designated for compliance by the code enforcement board if longer than 30 days, the growth management director, or his or her designee, shall place, or cause to be placed, a notice of abatement placard upon the property in violation in a conspicuous and easily visible location.

(b)

The notice of abatement placard shall:

(1)

Be at least 18 inches by 24 inches in dimension.

(2)

Include a sufficient description by address and/or legal description to identify the property upon which the violation exists.

(3)

Include a description of the violation to be corrected.

(4)

Include a statement that the code enforcement board has ordered that the violation be corrected.

(5)

State, in bold and conspicuous letters, that if the described violation is not corrected within 15 calendar days of the posting of this notice, then the growth management director may cause the violation to be corrected, and impose a lien upon the property for the actual cost of such correction.

(6)

Include a preliminary, nonbinding, minimum estimate of the cost of correction if the growth management director is required to cause the violation to be corrected. The estimated cost of correction shall be based upon the then current rate as may be established by the board of county commissioners and is intended to provide notice to the owner, agent, custodian, lessee or occupant of the estimated cost of correction.

(c)

Concurrently with the posting of the notice of abatement placard upon the property, the growth management director, or his or her designee, shall deliver, or cause to be delivered, by certified mail or hand delivery, a notice of abatement to the property owner(s) of record containing the information set forth in subsection (b).

(d)

If the property owner(s) fails/fail to correct the nuisance within 15 days after posting of the placard and mailing of the notice, the growth management director, or his or her designee, shall present the matter to the code enforcement board for consideration of a recommended action to be provided to the board of county commissioners. The code enforcement board shall make a determination as to whether immediate action is necessary to correct the nuisance.

(e)

If the code enforcement board makes the recommendation to the board of county commissioners that that county should take action to immediately correct the nuisance by removing, abating, terminating, or eliminating the nuisance, said recommendation shall be forwarded to the board of county commissioners, for action at its next available regular meeting. The property owner shall be provided notice of the meeting either by hand deliver or by U.S. Mail and shall have the opportunity to be heard by the board of county commissioners on the matter. At the next available meeting, staff shall present to the board of county commissioners, the facts, and the recommendation of the code board. No county action shall be taken to correct a nuisance on private property without approval by the board of county commissioners. The county's action to correct the nuisance shall be at the expense of the property owner(s).

(f)

Should the board determine that the county should correct the nuisance on a property, it shall also determine the manner that the costs, once certified, shall be collected. The board may determine that the costs should be collected as a non-ad valorem assessment on the tax bill for the property, by the filing of a lien or any other collection method available to the county.

( Ord. No. 15-20 , § 1, 12-1-15)