[CC 1978 §225.055; Bill No. 00-17(225.055), 10-2-2000]
Where, pursuant to Section
215.010, the City is required to prevent, abate or remove a nuisance, the City shall be entitled to a fee of fifty dollars ($50.00) per man per hour for each hour as is required by the City to prevent, abate or remove the nuisance plus an additional sum equal to the cost of repair of any City equipment which may become damaged or destroyed as a result of preventing, abating or removing such nuisance. Such fee is to be paid by the owner or owners of the property whereupon such nuisance exists and the amount shall be a special tax and levy in accordance with the provisions of Section
215.010 of the City ordinances of the City of Chaffee.
[CC 1978 §245.060; Ord. No. 2002-16, 6-17-2002]
A. The
presence of junk, high weeds, brush and other rank vegetation, excluding
shade trees, ornamental shrubs, fruit trees, domesticated berry bushes
and vines on lots and pieces of land within the City, constitute a
menace to the public safety, health and welfare by reason that such
conditions may:
2. Furnish cover for prowlers.
3. Create a nuisance with a potential danger of injury on rocks, debris,
holes and other obstructions covered by excess growth.
4. Obstruct visibility at street intersections.
5. Result in the aggravation of allergies.
6. Furnish a potential harborage or breeding place for disease-carrying
insects, arthropods, animals and poisonous snakes.
B. As used in Sections
215.020 through
215.080 the word
"junk" shall mean any metal, glass, paper, rags, wood, machinery parts,
cloth or other waste or discarded materials of any nature or substance
whatsoever, or any scrap or salvage materials, weed cuttings, cut
and fallen trees and shrubs, 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
materials which may endanger public safety, or any material which
is unhealthy or unsafe.
[CC 1978 §245.061; Ord. No. 2002-16, 6-17-2002]
The presence of junk or the growth of weeds, brush or rank vegetation shall constitute a public nuisance when, in the opinion of the Chief of Police or his/her designated Nuisance Officer, any such junk or growth on any lot or piece of land may substantially endanger the health, safety or welfare of the public, having considered those hazards enumerated in Section
215.020.
[CC 1978 §245.062; Ord. No. 2002-16, 6-17-2002; Ord. No. 215.010.C.1, 215.040-215.050, 5-18-2020]
The growth of weeds, brush or other rank vegetation in excess
of eight (8) inches in height is declared to be a public nuisance,
per se, detrimental to health, safety and welfare of the public.
[CC 1978 §245.063; Ord. No. 2002-16, 6-17-2002; Ord. No. 215.010.C.1, 215.040-215.050, 5-18-2020]
It shall be unlawful for the owner, lessee or agent in control of any lot or piece of land within the City to allow junk to accumulate or weeds, brush or rank vegetation to attain a height greater than eight (8) inches on such land or lot. In the case of joint tenancy, tenancy by entireties or tenancy in common, each owner thereof shall be severally liable. Any person violating this Section shall be subject to the penalties as provided in Section
100.220 of the City ordinances of the City of Chaffee.
[CC 1978 §245.064; Ord. No. 2002-16, 6-17-2002]
A. Whenever the Chief of Police and/or his/her appointed Nuisance Officer is informed and determines that a nuisance, per se, exists under Section
215.040 or shall determine that a nuisance exists as provided by Section
215.030, he/she shall notify the owner or owners or his/her or their agents that a hearing will be held at the Police Department at a time and on a date not less than ten (10) days from the date of giving notice to determine whether a nuisance exists and whether the circumstances will be declared and determined to be a nuisance. The notice provided for herein shall be given by any of the methods set forth hereinbelow in Subsection
(C).
B. At the conclusion of the hearing the Chief of Police or his/her appointed Nuisance Officer may declare the accumulated junk and/or the weeds and vegetation to be a nuisance and order that the same be abated within five (5) days. Notice of the determination and the time period for abatement of the nuisance shall be given to the owner or owners or his/her or their agents in any manner as provided for in Subsection
(C) herein.
C. Any
notice required to be given to an owner or owners or his/her or their
agents may be given by any of the following methods:
1. Delivery of the notice personally to any owner;
2. Depositing the same in the United States mail, postage prepaid, addressed
to any owner of the property at the address maintained by the Collector
of the City of Chaffee for the purpose of mailing real estate tax
statements;
3. Posting the notice in a conspicuous location on the property where
the violation exists provided that the property is not occupied and
the owner is unknown or cannot be located.
D. If
the nuisance is not abated within five (5) days from the date the
notice is given as provided herein, then the Chief of Police or his/her
appointed Nuisance Officer shall notify the City Administrator who
shall direct the Director of Public Works to cause such nuisance to
be abated by whatever reasonable means are necessary.
[CC 1978 §245.065; Ord. No. 2002-16, 6-17-2002]
A. Whenever the Director of Public Works abates a nuisance under the provisions of Section
215.060, there shall be a minimum charge for the expenses incurred by the City for the abatement of the nuisance. The charge for abatement shall be as established in Section
215.015 of the City ordinances.
In abatement cases under Section
215.060, the Director of Public Works shall certify the costs of abatement to the City Collector and the City Clerk. The owner of the property at the time the nuisance was abated shall be personally liable to the City for the costs of the abatement which shall be a first (1st) lien upon the tract of land where the nuisance was abated until paid in full.
The City Clerk shall cause a special tax bill for the amounts
certified by the Public Works Director to be prepared and to be collected
by the Collector with other taxes assessed against the property. The
special 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. This special tax bill shall
be due thirty (30) days from the date of its issuance.
Each special tax bill issued hereunder shall be issued by the
City Clerk and delivered to the City Collector. Such special tax bills
if not paid when due shall bear interest at the rate of eight percent
(8%) per annum. The special tax bill shall be added to the annual
real estate taxes for the tract of land where the costs of abatement
were incurred. If the certified costs are added to the annual real
estate tax bill for the property and not paid, the real estate taxes
shall be considered delinquent, and the collection thereof shall be
governed by the laws applicable to delinquent real estate taxes.
B. The City Collector shall notify any owner of the tract of land of the issuance of the special tax bill and that the costs of the abatement will be added to the annual real estate taxes assessed against the property. The notice shall provide the manner of determination of the costs of abatement and the assessment shall become final, unless the owner of the tract of land files a written request for a hearing within ten (10) days after the giving of the notice, which request shall set forth the grounds upon which the owner contends that the assessment is invalid or erroneous. If a hearing is requested, the Collector shall hold a hearing with the representatives of the City and the owner. The parties shall be given the opportunity to present information to the Collector concerning the assessment. After such hearing, the Collector may cancel or modify any assessment or affirm the assessment. The Collector shall give the owner notice of the Collector's decision in writing. Any notice to be given to the owner shall be given in accordance with any of the methods set forth in Subsection
(C) of Section
215.060.
C. If extraordinary junk removal and weed and vegetation maintenance procedures are required to abate the nuisance under the provisions of Section
215.060, the actual expenses incurred by the City for the abatement of the nuisance shall be charged to the person in charge of the parcel of land in addition to the owner.
D. For
purposes of this Section, the term "extraordinary junk removal
and weed and vegetation maintenance procedures" shall be
deemed to mean the required use of heavy construction equipment such
as motor graders, crawler-tractors, wheel loader and/or track-type
loaders. Actual expenses are deemed to include all administrative
costs, including costs incurred in renting such equipment; the cost
of fuel, oil, lubrication, filters and repair or replacement of parts,
including tires, when such repair or replacement is not a result of
normal wear and tear; the per mile cost of dump trucks used in hauling
away the rank vegetation; and all labor costs.
[CC 1978 §245.066; Ord. No. 2002-16, 6-17-2002]
No proceeding in the Municipal Court for prosecution of a violation of Section
215.050 shall prohibit or be any bar to a proceeding by the City under the provisions of Sections
215.060 and
215.070, nor shall any proceedings by the City under Sections
215.060 and
215.070 prohibit or be any bar to a proceeding in Municipal Court for the prosecution of a violation of Section
215.050.
[CC 1978 §245.055; Bill No. 2006-22(245.055), 10-2-2006; Ord. No. 100.2014, 10-19-2020]
A. Any owner, lessee or occupant, or any agent, servant, representative or employee of such owner, lessee or occupant, having control of any tract of ground or lot or any part of any lot where the same abuts a public right-of-way or easement belonging to the City of Chaffee, or any public entity, and there exists in such right-of-way or easement brush, lawn or grassy area between the private property line and the mid line of said right-of-way or easement, then such area shall be considered, for purposes of Sections
215.020 through
215.080 of the City ordinances (requiring cutting of grass and weeds) to be a part of the private lot or tract of and which abuts the right-of-way or easement. It shall be the duty of those responsible under this Section for the maintenance of the private lot to equally maintain the lawn or grassy area within the abutting right-of-way or easement, and all of the provisions of Sections
215.020 through and including 215.080 shall apply with equal force and effect to said area.
B. As the trees fall or become dangerous, the removal of the tree(s) shall be the responsibility of the property owner and the owner is responsible pursuant this Section. Further, no person shall plant any tree or vegetation in the area under and within the requirements of Subsection
(A).
C. Any person violating this Section shall be subject to the penalties as provided in Section
100.220 of the City ordinances of the City of Chaffee as well as all requirements and provisions contained in Sections
215.020 through
215.080 of the City ordinances of the City of Chaffee.
D. With
respect to trees and plants within the public right-of-way on the
west side of Third Street between Gray Avenue and Elliot Avenue, the
St. Ambrose School, Church or its designee, shall be solely responsible
for the trimming, pruning and removal of any tree, or plant at its
sole expense.
[Ord. No. 215.090, 10-2-2023]