[Code 1988; CC 2000 §8-301; Ord. No.
1154 §1, 4-13-2005]
A.
It
shall be unlawful for any person to maintain or permit any nuisance
within the City as defined, without limitation, as follows:
1.
Filth, excrement, lumber, tree limbs, wood, glass, rocks, dirt, cans,
containers, paper, trash, plastic, petroleum products, styrofoam,
metal, discarded appliances or other household items, or any other
offensive or disagreeable thing or substance thrown or left deposited
upon any street, avenue, alley, sidewalk, park, public or private
enclosure or lot whether vacant or occupied;
2.
All dead animals not removed within twenty-four (24) hours after
death;
3.
Any place or structure or substance which emits or causes any offensive,
disagreeable or nauseous odors;
4.
All stagnant ponds or pools of water;
5.
All grass or weeds or other unsightly vegetation not usually cultivated
or grown for domestic use or to be marketed or for ornamental purposes;
6.
Abandoned iceboxes or refrigerators kept on the premises under the
control of any person or deposited on the sanitary landfill or any
icebox or refrigerator not in actual use unless the door, opening
or lid thereof is unhinged or unfastened and removed therefrom;
7.
All articles or things whatsoever caused, kept, maintained or permitted
by any person to the injury, annoyance or inconvenience of the public
or of any neighborhood;
8.
Any fence, structure, thing or substance placed upon or being upon
any street, sidewalk, alley or public ground so as to obstruct the
same, except as permitted by the laws of the City.
[1]
Editor's Note — Ord. no. 1154 §2, adopted April
13, 2005, repealed section 220.020 "complaints — inquiry and
inspection" in its entirety. Former section 220.020 derived from Code
1988; CC 2000 §8-302.
[Code 1988; CC 2000 §8-303]
It shall be a violation of this Code to deny the Public Officer
the right of access and entry upon private property at any reasonable
time for the purpose of making inquiry and inspection to determine
if a nuisance exists.
[Code 1988; CC 2000 §8-304; Ord. No.
1342 §3, 3-16-2011]
A.
Except as provided in Subsection (B), notice shall be served on the owner or agent of such property by certified mail or by personal service, or if the same is unoccupied and the owner is a non-resident, then by mailing a notice by certified mail to the last known address of the owner or agent.
B.
If the owner or agent has failed to accept delivery or otherwise failed to effectuate receipt of a notice sent pursuant to Subsection (A) during the preceding twenty-four (24) month period, the City may provide notice in the manner provided by this Subsection. The City may provide notice by such methods including, but not limited to, door hangers, conspicuously posting notice of such order on the property, personal notification, telephone communication, and first class mail.
[Code 1988; CC 2000 §8-305; Ord. No.
1154 §3, 4-13-2005]
A.
The notice shall state the condition(s) which is (are) in violation of the Section 220.010. The notice shall inform the person, corporation, partnership or association that:
1.
He/she or they shall have ten (10) days from the date of serving the notice to abate the condition(s) in violation of Section 220.010; or
2.
He/she or they have ten (10) days from the date of serving the notice to request a hearing before the Governing Body of the matter as provided by Section 220.080;
3.
Failure to abate the condition(s) or to request a hearing within the time frame allowed may result in prosecution as provided by Section 220.060 and/or abatement of the condition(s) by the City and assess the cost of removal, including a reasonable administrative fee, against the owner, occupant or agent in charge of the property;
4.
The owner, occupant or agent in charge of the property will be given
an opportunity to pay the assessments and, if it is not paid, the
assessments will be added to the property tax as a special assessment;
5.
The owner, occupant or agent in charge of the property should contact
the Public Officer if there are any questions regarding the order.
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If there is a change in the recorded owner of title to the property subsequent to the giving of notice pursuant to Subsection, the City may not recover any costs or levy an assessment for the costs incurred by removal of violation(s) as defined by Section 220.010 unless the new recorded owner of title to such property has been provided notice as required by this Section.
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[Code 1988; CC 2000 §8-306]
Should the person, corporation, partnership or association fail to comply with the notice to abate the nuisance or request a hearing, the Public Officer may file a complaint in the Municipal Court of the City against such person, corporation, partnership or association and, upon conviction of any violation of provisions of Section 220.010, be fined in an amount not to exceed one hundred dollars ($100.00) or be imprisoned not to exceed thirty (30) days, or be both fined and imprisoned. Each day during or on which a violation occurs or continues after notice has been served shall constitute an additional or separate offense.
[Code 1988; CC 2000 §8-307; Ord. No.
1154 §4, 4-13-2005]
A.
In addition to or as an alternative to prosecution as provided in Section 220.060, the Public Officer may seek to remedy violations of this Section in the following manner:
1.
Upon the expiration of ten (10) days after receipt of the notice required by Section 220.040 has neither alleviated the conditions causing the alleged violation nor requested a hearing before the Governing Body within the time periods specified in Section 220.050, the City or its authorized agent shall abate the violation(s) and assess the cost of removal, including a reasonable administrative fee, against the owner, occupant or agent in charge of the property;
2.
The Public Officer or his/her authorized agent shall give notice
to the owner, occupant or agent in charge of the premises by certified
mail of the costs of the abatement of violation(s). The notice shall
state the payment of the costs is due and payable within (30) days
following issuance of the notice.
3.
If the costs of the abatement of the nuisance(s) as defined by Section 220.010 remain unpaid after thirty (30) days following issuance of the notice, a record of the costs of abatement shall be certified to the City Clerk who shall cause such costs to be assessed against the particular lot or piece of land on which such nuisances were so removed. The City Clerk shall certify the assessment to the County Clerk at the time other special assessments are certified for spreading on the tax rolls of the County.
[Code 1988; CC 2000 §8-308; Ord. No.
1154 §5, 4-13-2005]
If a hearing is requested within the ten (10) day period as provided in Section 220.050, such request shall be made in writing to the Governing Body. Failure to make a timely request for a hearing shall constitute a waiver of the person's right to contest the findings of the Public Officer before the Governing Body. The hearing shall be held by the Governing Body as soon as possible after the filing of the request therefore and the person shall be advised by the City of the time and place of the hearing at least five (5) days in advance thereof. At any such hearing, the person may be represented by counsel and the person and the City may introduce such witnesses and evidence as is deemed necessary and proper by the Governing Body. The hearing need not be conducted according to the formal rules of evidence. Upon conclusion of the hearing, the Governing Body shall record its determination of the matter by means of adopting a resolution and serving the resolution upon the person in the matter provided in Section 220.040.
[Ord. No. 1154 §6, 4-13-2005[1]]
It shall be unlawful for any person to interfere with or to
attempt to prevent the Public Officer or the Public Officer's authorized
representative from entering upon any such lot or piece of ground
or from proceeding with such removal of violation(s). Such interference
shall constitute a Code violation.
[1]
Editor's Note — Ord. No. 1154 §6, adopted April
13, 2005, repealed section 220.090 "costs assessed" and enacted new
provisions set out herein. Former section 220.090 derived from Code
1988; CC 2000 §8-309.
