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ORDINANCE NO. NS-]5]] PAGE THREE Sec. 8-1953. Failure to Request a Public Hearing. In the absence of a request by the property owner for a public hearing within ten (10) days of the date of service of the notice of abatement as set forth in Chapter 17 of this Code, and upon the expiration of the period for abatement of the public nuisance by the owners and no abatement having occurred to the satisfaction of the Director of Building Safety and Housing, the City Council may by resolution declare the condition a public nuisance and order a designated officer of the city to abate the public nuisance and order that the cost of any such abatement be assessed against the premises and collected in the manner provided in Chapter 17 of this Code. If the City Council determines that the property is to be abated then the abatement shall proceed in the manner set forth in ~ 17-25 of this Code. Sec. 8-1954. Non-Compliance with the Notice to Abate; Recordation. (a) If compliance is not had with the Notice to Abate within the time specified therein, and no request for a public hearing has been properly and timely filed pursuant to Section 17-23 of this ~Code, and the City Council having declared the condition a public nuisance, the City Manager shall file in the office of the County Recorder a certificate describing the premises and certifying (i) that the premises have been found to be maintained as a public nuisance in violation of this Chapter of the Santa Aha Municipal Code, (ii) that the owner has been so notified, and (iii) that there having been no compliance with nor timely request for a public hearing, and the City Council having declared the premises to be a public nuisance, the required rehabilitation, demolition or repair will be performed by the City of Santa Aha and the cost thereof will be assessed against the property as a lien equal in priority to a lien for ordinary municipal taxes. (b) After the nuisance has been abated by the City the assessment proceedings shall be conducted according to the provisions of Article III of Chapter 17 of this Code. Sec. 8-1955. Violation and Penalty (a) It shall be unlawful for any owner, lessee, or person having an ownership or possessory interest in property which is found in violation of any of the provisions of § 8-1951 of this Code, to fail to comply with the notice to abate the violation within the noticed time period. Any such person shall be deemed guilty of an infraction and upon conviction thereof shall be punished by a fine of not exceeding Two Hundred Dollars ($200.00) and for a second conviction within a period of one year, by a fine not exceeding Three Hundred Dollars ($300.00), and for a third or any subsequent conviction within a period of one year, by a fine of not exceeding Four Hundred Dollars ($400.00).