(1) Upon receiving notice of the existence of a public nuisance as defined herein, the city of North Bend, through any of its officers, may notify the owner or user of such nuisance in writing to abate and remove such nuisance from an open public way within 10 days from the date of such notice. Notices may be delivered in person to the owner or user, if they can be found within the corporate limits of the city of North Bend, but if they cannot be so found, such notice may be sent by mail to the last known address of such owner or user; provided, that if the owner or user is unknown, no notice shall be required to be given.

(2) If the owner or user of such nuisance shall have good and sufficient reason to require an extension of time for the removal of the same, he may submit a written request to the city administrator of the city of North Bend in which he shall state the reasons for an extension, and the city administrator may, in his discretion, grant additional time for the removal of such nuisance, but such additional time shall not exceed a period of 30 days.

(3) After the expiration of the period of time allowed for the abatement and removal of the nuisance as hereinbefore provided, or immediately if the owner or user of said nuisance is unknown or cannot be found after reasonable inquiry, it shall be the duty of the city of North Bend to remove, or cause to be removed and abated, the encroachment or obstruction to the open public way; provided, however, that neither the city of North Bend nor any of its officers or employees shall incur any liability for the destruction of, or damage to, such obstruction or encroachment of an open public way where there has been substantial compliance with the provisions of this chapter.

(4) Whenever the encroachment or obstruction of an open public way is caused by a structure or building partially upon adjoining property or constructed or erected by the owner or lawful possessor of such adjoining property, and the city of North Bend has been compelled to remove such obstruction or encroachment after notice to the owner as herein provided, then the cost of the removal of such obstruction or encroachment shall become a special assessment upon such adjoining land, and the city of North Bend shall enter such assessment upon its lien docket and collect the amount thereof under the procedures of the city of North Bend for the collection of improvement assessments. (Ord. 1227 § 4, 1963)