[Ord. No. 746 §1, 11-12-2007; Ord. No. 753 §1, 2-18-2008]
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 seven (7) inches or more in height, rubbish and trash, lumber
or firewood not piled or stacked six (6) 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 Ordinance Enforcement
Official 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 Ordinance Enforcement Official 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 Ordinance Enforcement Official 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 Ordinance Enforcement Official shall
cause the condition which constitutes the nuisance to be removed.
If the Ordinance Enforcement Official causes such condition to be
removed or abated, the cost of such removal shall be certified to
the City Clerk 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.
