§ 30-41. Resolution declaring property a threat and order to show cause.

(a)

Upon receipt of the nuisance inspector's findings, evidence, and reports supporting the existence of a nuisance as defined herein, the city attorney, or his or her designee, shall review and determine the sufficiency therewith. If the facts and circumstances support a finding of a public nuisance, the city attorney or his or her designee, shall prepare a resolution for the city council declaring the property a threat to the public, health, safety and welfare with order to show cause.

(b)

Such resolution or order to show cause shall:

(1)

Identify the property at issue;

(2)

Identify the owner or owners of the property as ascertained by a reasonable search of the property appraiser's records or search of the public records;

(3)

Describe the condition or activity which may constitute a public nuisance;

(4)

Set the date, time, and place for the show cause hearing at which the owner(s) shall have the opportunity to present such evidence and or argument as to why said building, structure or condition should not be by the city council or board condemned as a nuisance and its abatement, removal, or destruction required;

(5)

Include a statement providing that a failure to respond or appear at the hearing shall be deemed an admission of the existence of a public nuisance on the property at issue which may result in abatement of the nuisance by the city and levy of an assessment against the property pursuant to this chapter.

(c)

Notice of such hearing shall be made by serving a certified copy of said resolution and/or order to show cause upon the owner if able to be located within the city by the nuisance inspector or his designee, or process server in the manner as near as practicable to the manner in which a summons is served as provided by the laws of the state. In the event that it is determined that the owner is not available for service within the city, service shall be perfected by at least one of the following:

(1)

Mailing, via registered or certified mail, a certified copy of the resolution and/or order to show cause at least ten days prior to the date of the hearing, to the owner(s) and mortgagee(s) of record; or

(2)

Publication of the resolution and/or order to show cause. Such notice shall be published once for four consecutive weeks (four publications being sufficient) in a newspaper of general circulation in Lake County. The last date of publication shall be at least one day prior to the hearing. The newspaper shall meet such requirements as are prescribed under F.S. ch. 50 for legal and official advertisements; or

(3)

If the property is in foreclosure proceedings and has been abandoned by the owner(s) as evidenced by the property being vacant and the owner has not provided a forwarding address nor is participating in the foreclosure proceedings by filing an answer or has otherwise been unable to be served; service by certified mail to the owner(s) last address of record and service upon the bank or mortgage company of record in the foreclosure proceedings by certified mail shall be deemed sufficient notice.

(Ord. No. 2009-27, § 2, 12-15-2009)