§ 42-65. Abatement.

(a)

Under this division, the condition shall be deemed cured when within seven days after the mailing of the notice described in section 42-64:

(1)

The offending premises is cleaned up, which clean up may include the filling and draining of areas that are unwholesome, contain stagnant water, or in a condition that may produce disease; and

(2)

If required in the notice described in section 42-64, a receipt showing proof of proper disposal of waste at a state-approved waste disposal facility has been delivered to the person who sent the notice of the offending condition. The receipt must contain the date, time, amount disposed of, cost of disposal and the name of the approved solid waste site where the objectionable materials were taken.

(b)

An owner, occupant or person in charge of a premises commits an offense if he intentionally or knowingly fails to cure the offending condition in the manner described in subsection (a) of this section.

(c)

In any prosecution authorized by this article, the actor's intent or knowledge shall be presumed if actual notice is shown or seven days have elapsed after notice was mailed by regular U.S. mail to the owner, occupant or person in charge of the premises.

(Code 1967, § 15-22(b)—(d); Ord. No. 4378, § 1, 2-13-86; Ord. No. 6861, § 2, 11-16-93; Ord. No. 7717, § 4, 6-13-96; Ord. No. 8334, § 1, 7-9-98; Ord. No. 8738, § 3, 10-28-99)