[CC 1994 §§65.010—65.040; Ord. No. 06.12, 6-12-2006]
A. Any
lot or land shall be a public nuisance if it has the presence of debris
of any kind including, but not limited to, weed cuttings, cut and
fallen trees and shrubs, overgrown vegetation and noxious weeds which
are twelve (12) inches or more in height, rubbish and trash, lumber
not piled or stacked twelve (12) inches off the ground, rocks or bricks,
tin, steel, parts of derelict cars or trucks, broken furniture, any
flammable material which may endanger public safety or any material
which is unhealthy or unsafe and declared to be a public nuisance.
B. When
a public nuisance as described above exists, the Chief of Police shall
so declare and give written notice to the owner of the property by
personal service, certified mail, if otherwise unsuccessful, by publication.
Such notice shall, at a minimum:
1. Declare that a public nuisance exists;
2. Describe the condition which constitute such nuisance;
3. Order the removal or abatement of such condition within seven (7)
days from the date of service of such notice;
4. Inform the owner that he or she may file a written request for a
hearing before the Chief of Police on the question of whether a nuisance
exists upon such property; and
5. State that if the owner fails to begin removing the nuisance within
time allowed, or upon failure to pursue the removal of such nuisance
without unnecessary delay, the Chief of Police shall cause the condition
which constitutes the nuisance to be removed or abated and that the
cost of such removal or abatement may be included in a special tax
bill or added to the annual real estate tax bill for the property
and collected in the same manner and procedure for collecting real
estate taxes.
C. If
the owner of such property fails to begin removing the nuisance within
the time allowed, or upon failure to pursue the removal of such nuisance
without unnecessary delay, the Chief of Police shall cause the condition
which constitutes the nuisance to be removed. If the Chief of Police
causes such condition to be removed or abated, the cost of such removal
shall be certified to the City Clerk and/or finance officer who shall
cause the certified cost to be included in a special tax bill or added
to the annual real estate tax bill, at the collecting official's option,
for the property and the certified cost shall be collected by the
City Collector or other official collecting taxes in the same manner
and procedure for collecting real estate taxes. If the certified cost
is not paid, the tax bill shall be considered delinquent, and the
collection of the delinquent bill shall be governed by the laws governing
delinquent and back taxes. The tax bill from the date of its issuance
shall be deemed a personal debt against the owner and shall also be
a lien on the property until paid.
D. Penalty. Each person who shall neglect to cut and remove weeds, grass, vegetation, or other articles prohibited by this Chapter or who shall fail, neglect, or refuse to comply with the provisions of any notice herein shall, upon conviction, be fined in accordance with Section
100.220 of this Code.