[HISTORY: Adopted by the City Council of the City of Altoona 4-24-1996 by Ord. No.
5406. Amendments noted where applicable.]
As used in this chapter, the following terms shall have the
meanings indicated:
Any act, thing, condition, or use of property which shall be
of such a nature and shall continue for such length of time as to
do any of the following:
"Public nuisance" includes, but is not limited to, the following:
Accumulations of garbage in a manner in which flies, mosquitoes,
disease-carrying insects, rodents or other vermin may breed or may
reasonably be expected to breed. (For purpose of this chapter, "garbage"
means animal or vegetable waste resulting from the handling, preparation
or consumption of food.)
Accumulations of refuse in a manner in which flies, mosquitoes,
disease-carrying insects, rodents or other vermin may breed or may
reasonably be expected to breed. (For purposes of this chapter, "refuse"
means all solid waste, including garbage, rubbish, debris, ashes,
street cleanings, dead animals, abandoned or inoperable automobiles,
abandoned or inoperable household appliances, or furniture not designed
for or modified to withstand the elements and outdoor use, and other
waste.)
Vegetation which:
Harbors or aids in harboring rats, snakes or vermin.
Is prohibited by ordinance, including, but not limited to, noxious
weeds.
Which, by reason of its location, is an imminent danger to any
person, property or the flow of traffic.
Hinders the removal of junk, garbage or debris.
Which is unmanaged and in excess of eight inches high.
Such other actions, omissions or conditions or things defined
or specified in the Code of the City of Altoona.
No person shall permit, cause, maintain, or allow to be permitted,
caused, or maintained any public nuisance on any private or public
property in the City of Altoona.
B.
The City of Altoona Code Enforcement Department shall promptly inspect
the premises or cause them to be inspected and shall make a written
report of the findings of the inspection. When practical, photographs
of the premises shall be attached to the report.[2]
C.
Upon determining that a nuisance exists, the City of Altoona Code
Enforcement Department shall cause a notice to be delivered to the
owner and occupant of the property or upon the person causing or permitting
the nuisance to exist.[3]
D.
Said notice shall specifically describe the nuisance and shall direct
the owner, occupant or person responsible to remove or abate the nuisance
within 24 hours of the receipt or posting of the notice. Such notice
shall contain the telephone number and name of the City employee who
made the inspection and shall state that telephone inquiries may be
made. If the owner, occupant or person cannot be located after reasonable
inquiry, posting the notice on the property shall be sufficient. The
notice shall likewise state that, unless the nuisance is abated or
removed, the City will cause it to be removed and that the full cost
thereof will be charged to the owner, occupant or person causing,
permitting or maintaining the nuisance and that such cost shall be
a lien on the real property where the nuisance was abated or removed.
Such notice shall also state that the failure to remove or abate the
nuisance shall be deemed an implied consent for the City to enter
the property and remove or abate the nuisance. Such implied consent
shall be deemed to form a contract between the owner, occupant or
person and the City.
E.
The person upon whom the notice to abate or remove a nuisance is
served, the property owner, tenant or other person affected may appeal
the determination of nuisance in writing to the City of Altoona Code
Appeals Board. The appeal must be made within the time period to abate
given in the notice. The City of Altoona Code Appeals Board may extend
the time for abatement, determine that a nuisance no longer exists
or affirm that the nuisance must be abated. In the event that the
nuisance is deemed an emergency, the appeal may be heard after the
abatement of the nuisance by the City. In the event that the City
of Altoona Code Appeals Board may determine that the appellant is
not liable for costs, no lien or judicial action will be taken by
the City.[4]
Whenever a bill for the costs of abatement or removal of a nuisance
shall remain unpaid 30 days after the bill being sent, the City Solicitor
may institute proceedings in the name of the City in any court having
jurisdiction.
A.
A separate offense shall be deemed committed during which a violation
of this chapter continues unabated 10 days after the mailing of the
notice referenced above.
B.
The provisions for remedying violations of this chapter are in addition
to other remedies, including seeking injunctive relief from a court
of competent jurisdiction.
