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2001_Ordinances
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J <br />• <br />Section 5-173. Failure to take corrective action. <br />(a) If no corrective action is undertaken by the owner within thirty (30) days from the city's notice, the <br />Director shall send by regular mail an additional notice ("final notice") to the owner, and the Director <br />shall also mail a copy of the final notice to any lienholder(s) of record by regular mail. The Director shall <br />prepare an affidavit certifying that mailing of the final notice has been made. The final notice shall state <br />that not less than fifteen (15) days from the mailing of the notice the city will commence to abate the <br />bawdy place, taking any corrective action the city deems appropriate, including, without limitation, <br />removal of the building or other structure so as to abate the bawdy place on the property. The property <br />owner shall have the right, upon reasonable notice to the city, to seek equitable relief, and the city shall <br />initiate no corrective action while a proper petition is pending before a court of competent jurisdiction. <br />(b) In the event the Director determines that a removal of a building or structure is necessary to abate the <br />bawdy place on the property, the final notice shall give the owner and any Iienholder of record at least <br />thirty (30) days in which to abate the bawdy place. The final notice shall be given to the owner and any <br />lienholder(s) of record, as follows: <br />(I )To an individual who can be found within the city, by hand -delivering a copy of the notice to <br />such person. Where hand -delivery is utilized the Director shall prepare an affidavit certifying the <br />hand -delivery. If the person named in the notice cannot be found after a diligent search, then <br />notice shall be sent by certified mail to the last known address of such person and a coov of the <br />notice snau also ne postea in a conspicuous place on the premises; tors latter proceaure snau of <br />deemed the equivalent of personal notice. Copies of certified mail receipt(s) shall be sufficient <br />evidence of mailing; an affidavit of the Director shall be sufficient evidence of hand -delivery. <br />an individual under the age of <br />)etent, then notice shall be pro <br />or committee. If such <br />Ctli <br />or who is otherwise le <br />tering a copy thereof to such person's <br />or committee cannot be found after a <br />guaraian or committee ana a copy of the notice snau also oe postea in a conspicuous place on me <br />premises. If there be no guardian or committee, notice shall be given by delivering a copy thereof <br />to any person found at the infant's or incompetent's usual place of abode who is a member of his <br />or her family and who is sixteen (16) years of age or older. If such infant or incompetent resides <br />at a residential or other treatment facility, adult care facility or nursing home, notice shall be <br />given by delivering a copy to the officer or official who is in charge of such facility. If a family <br />member or an officer or official cannot be located after reasonable efforts to do so, then a copy of <br />the notice shall be posted at the front door of the infant's or incompetent's usual abode and a copy <br />of the notice shall also be posted in a conspicuous place on the unsafe premises. Compliance <br />with the procedure(s) set forth in this paragraph shall be deemed the equivalent of personal <br />notice. Copies of certified mail receipt(s) shall be sufficient evidence of mailing; an affidavit of <br />the Director shall be sufficient evidence of hand -delivery. <br />(3 ) To a corporation, bank, trust company, or other corporate or business entity, the notice shall <br />be provided by hand -delivering a copy thereof to its president or other officer, director, manager, <br />managing partner or agent thereof who is located in the city; or, if an individual cannot be found <br />at the regular office or place of business in the city, by hand -delivering a copy to any employee <br />thereof found at such office or place of business; or, if no such employee is found at such office <br />or place of business, by leaving a copy of the notice posted at the front door of such office or <br />place of business and sent by certified mail, return receipt requested to the last known address of <br />the corporate or business entity. A copy of the notice shall also be posted in a conspicuous place <br />• on the unsafe premises. Compliance with the procedure(s) set forth in this paragraph shall be <br />16 <br />
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