§ 42-105. Notice to abate nuisance on private property.

(a)

When a public nuisance exists on private property within the city, the director shall notify the owner or the occupant of the premises, to abate or remove the nuisance. The notice shall:

(1)

Be in writing;

(2)

Specify the nature of the public nuisance and its location;

(3)

State that the nuisance must be removed or abated within ten days from the receipt of notice;

(4)

Advise that the owner or occupant may request a public hearing before a board composed of the city manager, director of public works and city sanitarian by notifying the city clerk of such request within such ten-day period;

(5)

Be mailed by certified mail with a five-day return requested to the last known registered owner of the junked vehicle, any lienholder of record, and the owner or occupant of the private premises on which the public nuisance exists. If the post office address of the last known registered owner of the junked vehicle is unknown, notice may be placed on the junked vehicle or, if the owner is located, hand delivered.

(b)

If the notice above provided for shall be returned undelivered by the United States Post Office, official action to abate the nuisance shall be continued to a date not less than 11 days after the date of the return.

(c)

If the owner or occupant refuses to accept delivery of the notice above provided for, the director may cause the notice to be personally served on such person by any of the director's representatives or any police officer of the city. Delivery by such personal service shall for all purposes constitute notice to abate or remove the nuisance.

(Code 1970, § 16-41)

State law reference

Notice, V.T.C.A., Transportation Code § 683.075.