A. Before any person is charged with a violation of BMC 10.28.020(A) through (L), an attempt shall be made to give such person a written notice either by personal service or by certified mail, return receipt requested, stating the existence of a nuisance and that a criminal complaint is contemplated and that such person shall have seven days to remove or abate the nuisance from the date of notice or attempted notification. A true and correct copy of such notice, together with proof of service or attempted service thereof, shall be kept and filed in court with any complaint filed. If after the notice or attempted notice provided for in this subsection, the nuisance has not been abated or removed, the city may remove or abate the same at the person’s expense. Upon abatement or removal of the condition or any portion thereof by the city, all expenses thereof shall constitute a civil debt owing to the city jointly and severally by such of the persons who have been given notice or upon whom service of notice was attempted. The debt shall be collectible in the same manner as any other civil debt owing to the city.
B. Before a person is cited for a violation of BMC 10.28.020(M) through (V), the enforcement officer shall give such responsible person a notice to remove or abate such nuisance within 24 hours in substantially the same form as provided in subsection (A) of this section for other nuisances. If within 24 hours the nuisance is not removed or abated, such officer shall take such a course of action as will cause the person to be summoned into the municipal court of the city. The enforcement officer may also cause the nuisance to be abated or removed by the city as provided in subsection (A) of this section in the case of other nuisances. Any expense incurred shall be chargeable to the responsible person or persons and shall be collectible in the same manner as provided in subsection (A) of this section for other nuisances.
C. Nothing in this section shall relieve any responsible person of the obligation of obtaining any required permit to do any work incidental to the abatement or removal.
D. Any person committing or maintaining a public nuisance other than those declared subject to abatement shall be cited for a violation in the manner prescribed in the rules for justice court for misdemeanor offenses. In the sound discretion of the enforcement officer, said persons may be allowed a period not to exceed seven days in which to abate the same prior to the issuance of a complaint. Thereafter, the nuisance may be abated or removed by the city at the expense of the responsible person or persons in the same manner as provided in this section for the abatement of other nuisances. [Ord. 1998-06-035 § 2; Ord. 8573 § 7(C), 1977].