Cross Reference — As to animals running at large being declared public nuisances, §210.050.
[R.O. 2010 §220.010; C.O. 1948 c. 12 §1-1; CC 1970
§18-1; Ord. No. 02-02 §1, 2-4-2002]
A.
All
growing weeds or grass on any lots or parcels of ground, or vacant
or occupied property, or on ground adjoining a sidewalk having attained
the height of ten (10) inches or more, shall be deemed a nuisance
and are hereby prohibited. The word "weeds", as used
herein, shall be held to include all vegetable growths except cultivated
plants, trees and bushes.
B.
The
Chief of Police or other City Official as designated in such ordinance
shall give a hearing after four (4) days' notice thereof, either personally
or by United States mail to the owner or owners, or his/her or their
agents, or by posting such notice on the premises; thereupon, the
Chief of Police or other designated City Official may declare the
weeds to be a nuisance and order the same to be abated within five
(5) business days after the hearing; and in the case the weeds are
not cut down and removed within the five (5) days, the Chief of Police
or other designated City Official shall have the weeds cut down and
removed, and shall certify the costs of same to the City Clerk, who
shall cause a special tax bill therefor against the property to be
prepared and to be collected by the Collector, with other taxes assessed
against the property; and the tax bill from the date of its issuance
shall be a first (1st) lien on the property until paid and shall be
prima facie evidence of the recitals therein and of its validity,
and no mere clerical error or informality in the same, or in the proceedings
leading up to the issuance, shall be a defense thereto. Each special
tax bill shall be issued by the City Clerk and delivered to the Collector
on or before the first (1st) day of June of each year. Such tax bills
if not paid when due shall bear interest at the rate of eight percent
(8%) per annum.
[R.O. 2010 §220.020; C.O. 1948 c. 12 §1-2; CC 1970
§18-2]
All stables, sheds or apartments in which a horse, cow, swine
or other animal shall be kept in such manner, or any place in which
the refuse of such animals shall collect or accumulate, so that any
offensive smell shall be allowed to escape therefrom, is hereby deemed
a nuisance and prohibited; provided, that nothing in this Section
shall be so construed as to include manure deposits upon any private
property for the purpose of enriching the soil thereof.
[R.O. 2010 §220.030; C.O. 1948 c. 12 §1-8; CC 1970
§18-3]
Any unclean, stinking, foul, defective or filthy drain, ditch,
septic tank or gutter, or any leaking, broken garbage or manure boxes
or receptacles of like character, whenever or wherever found within
the City shall be deemed a nuisance and prohibited.
[R.O. 2010 §220.040; C.O. 1948 c. 12 §1-4; CC 1970
§18-4]
Any pond or pool of unwholesome, impure or putrid water or any
pond or pool of stagnant rainwater which is or may become offensive,
wherever located on any plot or piece of ground within the City, shall
be deemed a nuisance and is prohibited.
[R.O. 2010 §220.050; C.O. 1948 c. 12 §1-5; CC 1970
§18-5]
Wherever there shall be found in or upon any lot or piece of
ground an accumulation of vegetable waste, litter, garbage, filth
or refuse, or any rags, damaged merchandise, wet, broken or leaking
barrels, casks or boxes, or any materials which are offensive, or
which tend to decay, to become putrid or unwholesome, the same, wherever
found, shall be deemed a nuisance and are hereby prohibited.
[R.O. 2010 §220.060; Ord. No. 16-90 §1, 11-19-1990]
The creation of any unreasonably loud, disturbing or unnecessary
noise in the City is hereby deemed a nuisance and prohibited.
[R.O. 2010 §220.065; Ord. No. 14-05 §1, 9-19-2005]
All areas of yard which are not covered by lawn or vegetation
shall be treated to prevent dust or the blowing or scattering of dust
particles into the air. The yard shall be free of debris, weeds and
other safety hazards, graded and drained so as to prevent the accumulation
of stagnant water on any surface. All trees, bushes or vegetation
which overhang a public thoroughfare shall be properly trimmed to
avoid obstruction of the view and movements of vehicles and pedestrians.
Hazardous and/or dead trees and shrubs shall be promptly removed.
[R.O. 2010 §220.070; C.O. 1948 c. 12 §1-6; CC 1970
§18-6]
The Chief of Police is hereby empowered and directed to abate
or remove either by draining, filling, cleaning, purifying, removing,
burning or discontinuing any nuisance from any cause whatever.
[R.O. 2010 §220.080; C.O. 1948 c. 12 §1-7; CC 1970
§18-7]
The Chief of Police shall, before proceeding to abate or remove any nuisance, as designated in Sections 220.020 — 220.060, notify the owner, tenant, lessee or occupant, or his/her agent, employee or manager, having charge of, doing business in or occupying any house or building of any kind, or any vacant lot, yard or piece of ground, in or on which any nuisance exists, or in case the nuisance exists in a public street or alley the Chief of Police shall notify the person responsible for the existence and continuation of the nuisance, to abate, discontinue or remove the same, which notice shall be served in the same manner as writs of summons are served in civil cases. If such owner, tenant, lessee, agent, employee, manager or other person named in the notice cannot be found in the City, then the Board of Aldermen shall cause such notice to be mailed to such owner, tenant, lessee or occupant, addressed to the last known address.
[R.O. 2010 §220.090; C.O. 1948 c. 12 §1-8; CC 1970
§18-8]
If such nuisance shall not be abated, discontinued or removed
within three (3) days after the service of such notice or within ten
(10) days after the mailing of such notice, the Chief of Police may
proceed to abate or remove such nuisance; provided, that the Chief
of Police shall not expend or create any indebtedness for such purpose
in excess of the amount absolutely necessary to do such work.
[R.O. 2010 §220.100; CC 1970 §18-9; Ord. No. 1054 §2, 11-10-1955]
The Chief of Police shall keep an accurate record of the cost
of removing weeds and of abating any nuisance as herein defined. The
Chief of Police shall report the cost thereof to the Board of Aldermen.
The Board of Aldermen shall then proceed to levy and assess the cost
as a special tax against each lot or parcel of ground from which the
weeds were removed or on which the nuisance was abated, according
to the amount of labor and material so used or expended in the removal
or abatement of the same and shall direct the City Clerk to issue
a special tax bill therefor against such tract or parcel of real estate,
to be collected by the City Collector or any duly authorized deputy.
Such special tax bill will be a special lien against such property
in the same manner and with the same effect that special tax bills
are for paving and shall be payable within thirty (30) days after
the date thereof, and if not so paid, shall bear interest thereafter
at the rate of eight percent (8%) per annum until paid. It shall be
the duty of the City Clerk to keep all records as certified to him/her
by the Chief of Police, prepare all books and accounts showing in
detail the expenditures for the above mentioned work and the charges
which may be properly assessed against each particular lot or parcel
of land. As a part of the cost of cutting and removing such weeds
or brush and abating nuisances each such special tax bill shall include
a charge of twenty-five dollars ($25.00) for inspecting, making and
recording the bill and collecting. Each special tax bill shall be
issued by the City Clerk.
[R.O. 2010 §220.110; C.O. 1948 c. 12 §1-10; CC
1970 §18-10]
It is hereby made the duty of the Chief of Police to observe
the sanitary condition of the City, and wherever he/she has any knowledge
or information, or when any complaint has been made to the Chief of
Police by any citizen, that any business, trade or profession carried
on in the City is detrimental to public health or that any nuisance
from any cause exists, to examine into the matter, and if in his/her
opinion a nuisance exists, or that the business, trade or profession
is detrimental to public health, to see that the proper steps are
taken to suppress and abate any such nuisance, business, trade or
profession or to prosecute the person carrying on or maintaining such
nuisance or having charge or control of such business, trade or profession.
[R.O. 2010 §220.120; C.O. 1948 c. 12 §1-12; CC
1970 §18-11]
The assessing of any special tax for the abating of a nuisance,
or the bringing of any suit for the costs of abating any nuisance,
shall in no way excuse or render immune from prosecution or fine any
person found guilty of creating or maintaining any nuisance.
