§ 21-27. Notice to cut.

(a)

Prior to the city taking abatement action as provided in section 21-28, the owner, occupant or agent in charge of the lot or piece of land shall be notified pursuant to this section.

(b)

Except as provided in subsection (c), the building official shall provide written notification to the owner, occupant or agent of any lot or piece of land, which is in violation of section 21-26, by certified mail or personal service. Such notice shall contain the following:

"(1) The building official of the City of Manhattan has found that you, as the owner, occupant or agent in charge of the lot or piece of land located at (ADDRESS) are in violation of Section 21-26 of the Code of Ordinances of the City of Manhattan;

(2) You as the owner, occupant or agent in charge of the property are ordered to cut or destroy the weeds within five days of the date of this notice;

(3) If you as the owner, occupant or agent in charge of the property disagree with the finding of the building official, you may request a hearing before the governing body or its designated representative by giving written notification to the building official within five days of the date of this notice;

(4) If you as the owner, occupant or agent in charge of the property do not cut or destroy the weeds, and do not request a hearing as provided herein, the city or its authorized agent will cut the weeds. The costs of the cutting, including a reasonable administrative fee and the cost of providing this notice, shall be charged to you as the owner, occupant or agent in charge of the property;

(5) You as the owner, occupant or agent in charge of the property will be given an opportunity to pay the costs referred to above; however, if the costs are not paid, an assessment will be levied against the property for such costs;

(6) In the event violations of Section 21-26 occur at the above-referenced address subsequent to the sending of this notice, but in the same calendar year, the city may abate said future nuisances with no additional notice to you, and charge the costs thereof as provided herein; and,

(7) The building official should be contacted if there are any questions regarding this notice."

(c)

Whenever the owner is unknown or is a nonresident, and there is no known resident agent, in lieu of giving notice as provided in subsection (b), the city may give notice by publication. The notice shall be published once by the city clerk in the official city newspaper. Such publication notice shall contain the same information as required in subsection (b), except the notice shall give the owner ten days to cut or destroy the weeds or request a hearing. Additionally, the notice shall contain a heading which shall read as follows:

"All owners and persons in charge or possession of the property or piece of land located within the city of Manhattan at (ADDRESS) are hereby notified of the following:"

(d)

If there is a change in the record owner of title to property subsequent to the giving of notice pursuant to this section, the city may not recover any costs or levy an assessment for the costs incurred by the cutting or destruction of weeds on such property unless the new record owner of title to such property is provided notice as required by this section.

(Ord. No. 3142, § 2, 4-17-73; Ord. No. 4054, § 2, 5-3-83; Ord. No. 5052, § 2, 8-5-97; Ord. No. 7283, § 2, 5-2-17)