[Ord. No. 657 §1, 3-19-2012]
For purposes of this Article, the following terms shall be deemed
to have the meaning indicated below:
Rainfall runoff, snow melt runoff, and surface runoff and
drainage.
Structure and constructed feature designed for the collection,
conveyance, storage, treatment and disposal of stormwater runoff into
and through the stormwater system. Stormwater management facilities
include vegetative or structural measures, or both, to control the
increased volume, rate, and quality of stormwater runoff caused by
man-made changes to land.
[Ord. No. 657 §1, 3-19-2012]
In addition to any other act declared by this Chapter, City
ordinance or other law to be a nuisance, failure to maintain any private
stormwater management facility located on any lot or land resulting
in conditions which impair its proper operation, including, but not
limited to, excessive sediment, extensive ponding of water, rubbish
and trash, noxious weeds or invasive plants or nuisance plants exceeding
twelve (12) inches in height, or any material which is unhealthy or
impacts the proper operation of the private stormwater management
facility is declared a nuisance. Except that native plants, turf grass,
ornamental grasses or shrubs, including plants that are part of an
approved, designed private stormwater facility or MSD approved guidance
document, will not constitute a nuisance defined herein.
[Ord. No. 657 §1, 3-19-2012]
A.
Notice. If the City has reason to believe that a public
nuisance as described above is being maintained in violation of this
Article, the City Administrator/City Clerk or designee shall so declare
and cause written notice to be served to the owner of the property
by personal service, certified mail, return receipt requested if otherwise
unsuccessful, by publication. Such notice shall, at a minimum:
1.
Declare that a public nuisance exists in violation of this Article;
2.
Describe the condition which constitute such nuisance;
3.
Order the correction, removal or abatement of such condition within
twenty (20) days from the date of service of such notice;
4.
Inform the owner that upon failure to correct, remove or abate such
condition within the time specified in the notice, the City will conduct
a hearing on the question of whether a nuisance exists upon such property;
and
5.
State that if the owner fails to begin correcting the nuisance within
the time specified therein, or upon failure to pursue the correction
of such nuisance without unnecessary delay, the City will have the
option to cause the condition which constitutes the nuisance to be
corrected, removed or abated and that the cost of such correction,
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.
B.
Hearing. Upon failure of the property owner to abate the
nuisance as described in the above notice, the Mayor will call a hearing
and cause a notice of the scheduled hearing to be mailed certified
mail, return receipt requested to the property owner with at least
ten (10) days' notice of the hearing and inform the property owner
of their right to be heard and present evidence on whether a nuisance
exists on the property and whether removal, correction, or abatement
is proper. If mail notice is unsuccessful, notice of the hearing shall
be made by publication. If at the hearing the Mayor finds a nuisance
is being maintained in violation of this Article, the Mayor shall
order the nuisance to be abated within a reasonable time.
C.
Removal By The City, Costs, And Liens. If the owner of such
property fails to begin correcting the nuisance within the time ordered,
or upon failure to pursue the removal of such nuisance without unnecessary
delay, the City may cause the condition which constitutes the nuisance
to be corrected. If the City causes such condition to be corrected,
removed or abated, the cost of such repair shall be certified to the
City Administrator/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 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.
[Ord. No. 657 §1, 3-19-2012]
In addition to the remedial provisions set forth in this Article and in order to protect, promote, and preserve the public health and safety, no person shall cause, permit or maintain the existence of a private stormwater management facility nuisance, or shall fail or refuse to abate or remove a private stormwater management facility declared a nuisance within the time required by this Article. Each day that a nuisance shall be maintained constitutes a separate offense. Any person found guilty of violating this Article shall be punished as provided in Sections 100.140 — 100.150 of this Code. As a condition to any probation granted, the Municipal Judge may order such person to reimburse the City for its costs incurred in removing and disposing of the offensive property.
