[Ord. No. 425, 7-11-2006]
A. The presence of abandoned buildings or structures or the building
materials or debris from same, whether they be abandoned or in fact
inhabited at the time, may constitute a menace to the public safety,
health and welfare. The presence of debris from trees and other vegetation
may also be deemed a nuisance with potential danger to residents or
other persons. Whenever such conditions exist, they may be deemed
a public nuisance.
B. It shall be unlawful for any person to create or maintain a nuisance as defined in Subsection
(A) above.
C. Whenever debris, properties or man-made structures in violation of Subsection
(A) of this Section are allowed to remain on any part of any lot or ground within the City of Sparta, the owner of the property or, in the case of joint tenancy, tenancy by entireties or tenancy in common, each owner thereof shall be liable.
D. The Chief of Police shall determine when property constitutes a public
nuisance. The Chief of Police shall then give notice either personally
or by the United States Mail to the owner or owners or their agents
or by posting such notice on the premises; the notice shall give the
owner(s) five (5) days within which to abate the nuisance unless,
in the opinion of the Chief of Police, it constitutes an immediate
danger to persons or animals within the City and then, in that case,
shall be abated immediately and no later than twenty-four (24) hours
after notice is given. If the nuisance is not abated within the time
given by the Chief of Police, the Chief of Police shall notify the
Street Superintendent of such nuisance, and the Street Superintendent
shall cause such nuisance to be cleared and abated as quickly as possible.
The determination that the property is no longer a nuisance shall
be made by the Chief of Police.
E. The cost of abating the nuisance shall be computed by the Street
Superintendent who shall certify the amount thereof to the City Clerk.
The City Clerk shall cause a special tax bill against the property
to be prepared and to then be referred to the Collector of Revenue
with other taxes assessed against the property, and the cost of abating
the nuisance shall be added to any other taxes assessed against the
property. The tax bill from the date of its issuance shall be a first
lien on the property until paid. Each special tax bill shall be issued
by the City Clerk and delivered to the Collector of Revenue on or
before the first day of June of each year. Each tax bill shall bear
the legal rate of interest from the date when due.
F. Violation of Section
215.115 shall be prosecuted in the Municipal Court for the City of Sparta. No proceeding in said Municipal Court shall prohibit or be a bar to a proceeding by the City to assess a special tax bill; nor shall any proceedings by the City to assess a special tax bill under Section
215.115 be a bar to or prohibit any criminal proceeding in Municipal Court for violation of this Chapter.
G. Violation of this Chapter shall subject the violator(s) to a fine
to be levied in addition to the cost of abating the nuisance in an
amount of up to five hundred dollars ($500.00) per day for each day
after the notice has been given to abate the nuisance in the discretion
of the Municipal Court Judge plus court costs.