[Ord. No. 215.020 §1, 8-13-2009]
A. Any
lot or land not zoned for agricultural use or operating under a non-conforming
use for agricultural purposes 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 or owners of the property
by personal service or by United States mail or by posting such notice
on the premises. Such notice shall, at a minimum:
1. Declare that a public nuisance exists;
2. Describe the condition which constitutes such nuisance;
3. Order the removal or abatement of such condition with seven (7) days
from the date of service, mailing or posting of such notice;
4. Inform the owner or owners that he or she may file a written request
for a hearing before the City's Compliance Officer on the question
of whether a nuisance exists upon said property; and
5. State that if any owner fails to begin removing the nuisance within
the time allowed or upon failure to pursue the removal of such nuisance
without unnecessary delay, the Board of Aldermen may 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 or owners of such property fail 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, or a Police
Officer designated by him, may issue a citation to any owner to appear
in Municipal Court for violation of this Section whereupon the Municipal
Judge may cause the condition which constitutes the nuisance to be
removed in addition to any cost, fine or term of imprisonment imposed
upon a plea or finding of guilt. If the Municipal Judge 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.
[CC 1975 §14-23]
This Article does not apply to any garden crop, flowers, shrubbery
or any other cultivated crop.