§ 158-8. Notice to abate.

(a)

If any code enforcement officer has reason to believe that a violation as described and declared in this section exists, the owner of the offending property shall be notified and requested to cause the condition to be abated. The notice shall be presented by both a physical posting on the property in the name of the property owner and by certified mail or personal delivery to the owner or owners as their names and addresses are shown on the tax records of the county. Notice shall be deemed complete and sufficient when so physically posted and personally delivered or mailed.

(b)

The required notice shall contain the following:

(1)

Name(s) and address(es) of the owner(s) of the property, according to the public records of Fulton County, Georgia or DeKalb County, Georgia as applicable;

(2)

Location of the property on which the violation exists;

(3)

A statement by the code enforcement officer that the office of code enforcement has reason to believe that a violation of the above section(s) has been determined to exist on the property, which violation constitutes a public nuisance;

(4)

A description of the condition which causes the property to be in violation;

(5)

A requirement that the record owner of the property abate the violation within 20 calendar days from the date of the notice, failing which the city will abate the condition and assess against the record title owner of the parcel of land all the costs thereof plus an administrative charge;

(6)

A statement that, if the costs and administrative charge are not paid within 30 calendar days of invoice date, a lien will be placed on the property;

(7)

A schedule of the charges which may be assessed against the record owner if the city has to abate the violation;

(8)

An estimate of the total cost, based on the schedule of charges, if the violation is abated by the city. Such estimate is not to be interpreted or construed as the final cost which may be assessed, but only a good-faith approximation of such cost. The final assessable cost may be greater or lesser than the estimate; and

(9)

A statement that the record owner of the property may, within 20 calendar days from the date of the notice, contest the notice by making a written request that charges and summons issue, as contemplated by Sec. 18 of the Atlanta Housing Code and a hearing occur before the Atlanta Municipal Court for the purpose of showing that the cited condition constitutes a violation.

(c)

Within 20 calendar days from the date of the notice, the owner of the property may contest the notice by making a written request, as evidenced by a postmarked stamp or actual receipt, to the code enforcement officer that charges and summons issue, as contemplated by Section 18 of Atlanta Housing Code and that a hearing occur before the Atlanta Municipal Court for the purpose of showing that the noticed condition constitutes a violation. Thereafter, the matter shall proceed in the manner provided for by Section 18 of the Housing Code.

(Ord. No. 2011-51(11-O-0136), § 3, 11-16-11)