The following words, terms and phrases, when used in this Article,
shall have the meanings ascribed to them in this Section, except where
the context clearly indicates a different meaning:
In addition to those definitions contained in applicable
State Statutes, State codes, other ordinances adopted by the City
or as contained in binding case law decisions, refers to any item
which has ceased to be used for its designed and intended purpose.
The following factors, among others, will be considered in determining
whether or not an item has been abandoned:
To repair, replace, remove, destroy or otherwise remedy the
condition in question by such means and in such a manner and to such
an extent as the Code Enforcement Official in his/her judgment shall
determine is necessary in the interest of the general health, safety
and welfare of the community.
The City official or employee as may be designated in writing
by the City Administrator or Mayor to enforce property or premises
maintenance and other City Code violations as authorized herein.
That from which essential equipment, parts or contents have
been removed or stripped and the outward appearance verifies the removal.
Defacement, damage or destruction by the presence of paint
or ink, chalk, dye or other similar substances; or by carving, etching
or other engraving.
Incapable of functioning or producing activity for mechanical
reasons or other reasons.
Any vehicle which does not properly display license plates
or stickers indicating current registration and has any one (1) or
more of the following characteristics:
Lacks engine, wheel, tire, properly installed battery or other
structural parts which render the vehicle inoperable for use as designed
by the manufacturer;
Has a missing windshield or missing windows;
Has a missing door, bumper, hood, driver's seat or other
similar structural piece;
Has become or has the potential to become the breeding ground
or habitat of rats, mice, snakes, mosquitoes or other vermin;
Has junk, garbage or refuse stored therein; or paper, cardboard,
wood or other combustible materials stored therein; or is used as
a storage facility for solid waste or other hazardous materials; or
is used for the storage of gasoline, propane or diesel fuel at any
location on or about the vehicle other than in the vehicle's
gas or fuel tank;
Has become a potential source of contamination of the soil from
petroleum products or other toxic liquids being discharged or leaking
from the vehicle.
Any person or entity who has a recorded interest in real
property, including mortgagee, beneficiary under a deed of trust or
holder of other recorded liens or claims of interest in real property.
In addition to the conditions described within this Chapter,
any unlawful act or the failure to perform a duty, or permitting any
condition or thing to be or exist on property owned or occupied in
which such act, omission, condition or thing:
Any person or persons holding and exercising temporary or
terminable tenancy rights with respect to a residence, building or
property including renters, lessees and/or other persons residing
temporarily on the subject property.
The registered owner of a vehicle; the person to whom property
tax is assessed on real or personal property as shown on the last
equalized assessment roll of the County.
Any mechanical, structural, body or decorative part of any
vehicle, machinery or trailer.
Any land, lot, parcel or portion of land whether improved
or unimproved, occupied or unoccupied, including any alley, sidewalk,
parkway or public easement abutting such land, lot, parcel or portion
of land.
A strip of property sitting between a property lined owned
by an individual or organization and the City streets used for access
by public utilities, mailboxes, culverts, and driveways.
Any self-propelled vehicle not operating exclusively on tracks
except for farm tractors. The term "vehicle," shall include, but is
not limited to, an automobile, truck, van, sports utility vehicle,
boats, trailers, motorcycle, motorized scooter or dirt bike.
[Ord. No. 405, 8-18-2015; Ord. No. 495, 12-1-2020]
The Board of Aldermen, in recognition of its duty to provide
for the health, safety and well-being of the citizens of the City,
affirms the need to suppress all nuisances which are or may be injurious
to the health and welfare of the inhabitants of the City, or prejudicial
to the morals thereof, that such nuisances may be suppressed by ordinances,
and the expenses for abating these nuisances may be assessed against
the owner or occupant of the property and against the property on
which said nuisance is committed and a special tax bill may be issued
against said property for said expenses. Therefore, the Board of Aldermen
of the City ordains as provided in this Article.
[Ord. No. 405, 8-18-2015; Ord. No. 495, 12-1-2020]
A.
The Board of Aldermen does hereby find and declare that it is necessary
to provide for the abatement of conditions which are detrimental to
property values and community appearance, an obstruction to or interference
with the comfort and enjoyment of adjacent property or premises, or
hazardous or injurious to the health, safety or welfare of the general
public in such ways that constitute a public nuisance and to establish
community standards to safeguard health and public welfare in keeping
with the character of the City by allowing for the maintenance of
exterior property for each of the following purposes:
1.
To safeguard the health, safety and welfare of the citizens
of the City by maintaining exterior property in good and appropriate
condition;
2.
To promote a sound and attractive community appearance; and
3.
To enhance the economic value of the community, and each area
in it, through the regulation of the maintenance and conditions of
property.
B.
Accordingly, the Board of Aldermen declares that the purposes of
this Article are to:
1.
Reduce the threat to health, safety, welfare, appearance and
economic value to the decline in property condition by lawfully delineating
the circumstances under which such conditions are considered unlawful
and/or abated; and
2.
Further declare that abatement of such condition is in the best
interest of the health, safety and welfare of the residents of the
City, as maximum use and enjoyment of property or premises in proximity
to one another depends upon maintenance of those properties at or
above the established minimum standards as defined within this Chapter.
[Ord. No. 405, 8-18-2015; Ord. No. 495, 12-1-2020]
A.
The provisions of this Article do not regulate or place limitations
on any properly zoned junkyard, salvage dealer or waste tire facility
holding valid licenses and/or other necessary Federal, State or municipal
permits.
B.
The provisions of this Article do not prohibit the proper storage
of idle but operable recreational vehicles, boats or lawn mowing equipment.
C.
The provisions of this Article do not prohibit the orderly storage
of firewood.
D.
The provisions of this Article are not intended to regulate or place
limitations on any residential or commercial building project for
which a valid building permit has been issued by the City. This exception
shall be limited to the site for which any such permit was issued
and this exception shall not apply if continuous and substantial progress
toward completion of the building project is not being made.
[Ord. No. 405, 8-18-2015; Ord. No. 495, 12-1-2020]
A.
The Mayor and the Board of Aldermen hereby assign the duties of administering
this Article as follows:
1.
Code Enforcement Official. Two (2) Code Enforcement Officials
shall be designated. One (1) from the Public Works Department, and
one (1) from the Police Department. Both Officials shall have the
duty, responsibility and authority to enforce this Article in any
manner authorized by this Code or by any other law, including, but
not limited to, issuance of warnings, citations, civil actions and
abatement activity regulation.
2.
The records divisions of the City Police Department and Public
Works Department will provide the Code Enforcement Official identifying
information, when available, of the location and identifying descriptions
of violators to assist the reporting, citation completion and service
process.
3.
For the purposes of inspections and/or enforcement of the provisions
of this Chapter, Code Enforcement Officials, Public Works Department
employees, and Police Officers shall be authorized and permitted to
enter upon the property of another without being considered trespassers.
4.
All inspections and enforcement actions, unless expressly stated
to the contrary, shall be under the direction of the Code Enforcement
Official who may appoint or designate other public officers or employees
to perform duties as may be necessary to enforce the provisions of
this Article, including, but not limited to, abatement activity, work
orders, vegetation removal, mowing, etc.
[Ord. No. 405, 8-18-2015; Ord. No. 495, 12-1-2020]
A.
The maintaining, using, placing, depositing, leaving or permitting
to be or remain on any public or private property of any of the following
items, conditions or actions are hereby declared to be and constitute
a public nuisance and a violation of this Chapter; provided, however,
this enumeration shall not be deemed or construed to be exclusive,
limiting or restrictive:
1.
Accumulation of rubbish, trash, refuse, junk and other abandoned
materials, metals, lumber or items offensive to the senses or a risk
to health, safety and/or welfare.
2.
Any condition which provides harborage for rats, mice, snakes
and other vermin.
3.
Conditions contributing to or causing rank or noxious odors
and stenches, as well as the conditions, substances or other causes
which give rise to the emission or generation of such odors and stenches.
4.
The pollution of any public well or cistern, stream, lake, canal
or body of water by sewage or industrial wastes.
5.
All furniture, machinery, discarded containers or any other
appliance, article, item or equipment designed for use inside a dwelling
unit if stored, placed or set upon the ground or on any open porch,
in any attached carport or freestanding carport, or in any garage
or shed that is without doors to conceal such articles.
6.
To permit, cause, keep, maintain or allow a fence or partitioning
containing barbed wire, razor wire, electric wire or razor ribbon
fencing in any residential or commercially zoned district.
7.
Dismantled, non-licensed, inoperable or junk vehicles as defined
herein.
8.
Bricks, shingles, building materials, salvage materials, including,
but not limited to, auto parts, scrap metal, tires and any other trade
materials stored, deposited, dumped, discarded and/or abandoned on
any section of property.
9.
Buildings, structures or other surfaces upon which graffiti
exists.
10.
Any flammable material which may endanger public safety.
11.
All substances or things, which cause an odor disagreeable to
the surrounding neighborhood.
12.
Ashes, slop, filth, excrement, stones, straw, soot, rubbish,
manure, offal, stagnant water, decaying animal matter, decaying fruit
or vegetable matter, wrecks or parts of worn-out vehicles or machinery,
scrap iron or other metals, cans, bottles, broken glass, discarded
wearing apparel, dead animals or any other offensive or disagreeable
substances or thing, dilapidated buildings or building materials which
may be offensive to the sight or smell or a menace to health, safety,
peace or comfort, or which may be or become harborers or breeding
places for mosquitoes, ants, flies, rats, mice or other vermin, animals
or insects, or which may provide shelter, food or protection for rodents,
whether left or deposited upon private premises or vacant lots or
upon any public property.
13.
All mud, dirt, rocks or debris from construction sites, fields
or pastures which fall on City streets from the loads, tires or bodies
of vehicles driven from said sites onto City streets. Developers and
contractors are required to provide the City with a route plan for
construction traffic in and out of new subdivisions and development
sites. Failure to do so will be a violation of this Code.
14.
Any vehicle, operable or not, parked in a residential district
in a space not complying with the parking ordinances of the City.
In addition to the vehicle capacity of a residence including garage
space and driveway space, one (1) accessory space may be designated.
This space must be constructed out of base rock, asphalt, or concrete.
No more than two (2) vehicles can be parked to the rear of the front
elevation of the house. This includes storage of boats, campers, trailers,
and all other accessory vehicles. Any vehicle not parked according
to these guidelines will be considered in violation of the nuisance
code.
[Ord. No. 405, 8-18-2015; Ord. No. 495, 12-1-2020]
A.
It is unlawful for any owner or occupant having control of any lot
or land or any part thereof in the City to cause, permit or maintain
any nuisance on any such lot or land or contribute to the creation
or maintenance of any nuisance as defined within this Chapter; and
it is further unlawful for any person or his/her agent, servant, representative
or employee to cause or maintain a nuisance on the property of another,
with or without permission.
B.
Any person who shall cause, create or maintain a nuisance or contribute
to any nuisance as defined within this Chapter shall be guilty of
violating the provisions hereof and shall be liable for all costs
and expenses attendant upon the removal and/or correction of such
a nuisance in addition to any penalties provided. Each day that a
nuisance is maintained can be the basis of a separate offense.
[Ord. No. 405, 8-18-2015; Ord. No. 495, 12-1-2020]
A.
Summary Abatement Of Nuisances.
1.
Procedure. Whenever a complaint is made to the Code Enforcement
Official or upon discovery of the existence of a nuisance, as defined
in this Chapter, the Code Enforcement Official shall promptly cause
to be inspected the property on which it is alleged that such nuisance
exists. Upon discovery of a nuisance, the Code Enforcement Official
may order the owner or other person creating, keeping, maintaining,
or permitting the same to abate it. Should the Code Enforcement Official
find that a public nuisance exists, and the public health, welfare
or safety may be in immediate danger, then summary abatement procedures
shall be implemented and the inspecting official or department may
cause the nuisance to be removed or abated. Summary abatement costs
shall be certified by the City Clerk and assigned to the annual real
estate tax bills for the property.
2.
Notice. When summary abatement is authorized, notice to the
owner, agent, or occupant of the property is not required. Following
summary abatement, the Code Enforcement Official shall cause to be
posted on the property liable for the abatement a notice describing
the action taken to abate the nuisance.
B.
Abatement Of Nuisances In Other Cases.
1.
Procedure. Whenever a complaint is made to the Code Enforcement Official or upon discovery of a nuisance that does not pose an immediate danger to the public health, welfare or safety, the Code Enforcement Official shall submit a written report of the property on which the nuisance exists to the City Administrator or his/her designee. If the Code Enforcement Official declares the existence of a nuisance, but the nature thereof is not such as to require the summary abatement of such nuisance, then the City Administrator, or his/her designee, may order the abatement of the nuisance after notice and a hearing pursuant to Sections 215.090 and 215.100.
2.
Abatement By Owner. Within ten (10) days after service of the
notice to abate the nuisance, the owner or individual in possession
of the affected property shall remove and abate such nuisance or show
that actions for abating the nuisance have been commenced. Such showing
shall be made by filing a written statement or other proof of such
actions with the Code Enforcement Official.
C.
Abatement By City. If the City Administrator, or his/her designee,
after a hearing in compliance with this Section, finds that the nuisance
or dangerous condition exists, the Chief of Police or the Code Enforcement
Official shall have authority to enter upon the property and abate
the nuisance found thereon. In abating such nuisance, the Chief of
Police or Code Enforcement Official may go to whatever extent may
be necessary to complete the abatement of the nuisance. If it is practicable
to salvage any material derived in the aforesaid abatement, the Chief
of Police or Code Enforcement Official may sell the salvage material
at private or public sale and shall keep an accounting of the proceeds
thereof.
D.
Proceeds From Sale Of Private Property. The proceeds, if any, obtained
from the sale of any material salvaged as a result of an abatement
of public nuisance by the Code Enforcement Official or Chief of Police
shall be deposited into the general fund of the City and any deficit
between the amount so received and the cost of the abatement shall
be filed with the City Clerk. The City Clerk shall certify said costs
and submit a special tax bill to the assessor so that the costs can
be added to the annual real estate tax bill for the property. Should
the proceeds of the sale of the salvaged material exceed the cost
of abatement, the surplus, if any, shall be paid to the owner of the
property from which the public nuisance was abated when a proper claim
to the excess is established.
E.
Authorized Action. In abating a public nuisance, the Code Enforcement
Official or Chief of Police may call upon any of the City departments
or divisions for whatever assistance shall be deemed necessary or
may by private contract cause the abatement of the public nuisance.
F.
Statement Of Costs. The City is hereby empowered to charge and collect
all costs of any abatement which is performed by the City, including
administrative expenses, which shall be determined by the Code Enforcement
Official, Chief of Police, Public Works Department officials, or his/her
designees, and/or Municipal Court. Said costs shall be reported to
the City Administrator, or his/her designee, in an itemized document
titled "Certificate of Cost" showing the costs of abatement, administrative
expenses and any outstanding penalties. Said costs shall be assessed
and billed to the owner, occupant or entity having control of the
property upon which the violation exists along with a notice advising
that a special tax bill shall be issued and that the costs of the
abatement will be added to the annual real estate taxes assessed against
the property if the costs are not paid within thirty (30) days. The
person or entity causing, maintaining, or permitting the nuisance
shall be personally liable to the City for the cost of such abatement.
G.
Appeal Of Cost Statements. The property owner, occupants, or entities having control of the property may object to the assessment discussed in Subsection (F) of this Section. Such objections must be made, in writing, within twenty (20) days from the date of mailing of the notice discussed in Subsection (F) of this Section. If no objections are received within the twenty-day period, the City Clerk is to proceed with the procedures set forth in Subsection (H) of this Section. If an objection is received, the City Clerk shall refer the matter to the City Administrator, or his/her designee, for administrative review. After administrative review, the City Administrator, or his/her designee, shall make a written determination that the amount of the charges shall be canceled, reduced or remain the same. The City Administrator, or his/her designee, may reduce or cancel the proposed assessment if it is determined that: no notice of order to remove the nuisance was provided; or the work performed for abating the nuisance was not in compliance with this Chapter; or the computation of charges was not in compliance with this Chapter. A copy of this determination shall be furnished to the person making the objections together with a notice of the person's right to appeal. The decision of the City Administrator, or his/her designee, may be appealed pursuant to the provisions of Chapter 536, RSMo., by any person aggrieved, provided such appeal is filed within thirty (30) days after the date of personal service or mailing of the City Administrator's, or his/her designee's, decision.
H.
Special Tax Bills And Liens Upon Property. In the event the person
or persons billed fails to pay within the thirty-day period set forth
in this Section, the City Administrator, or his/her designee, shall
certify the amount thereof to the City Clerk. The City Clerk shall
take any and all steps necessary for a special tax bill to be issued
and/or for the costs of the abatement to be added to the annual real
estate taxes assessed against the property. The cost of the abatement
as determined by the City Administrator, or his/her designee, shall
be certified to the City Clerk not sooner than thirty (30) days after
issuance of the City Administrator's, or his/her designee's, written
findings, if not sooner paid. The special tax bill, if issued, shall
be deemed a personal debt against the property owners and shall be
a lien on the property until paid. If the special tax bill is added
to the annual real estate bill for the property and is not paid, the
real estate taxes shall be considered delinquent and the collection
thereof shall be governed by the laws applicable to delinquent real
estate taxes. Such special tax bills, if not paid when due, shall
bear interest at the rate of eight percent (8%) per annum.
I.
Claim Of Lack Of Notice. If, after a lien has been entered, there is a written request of the owner who alleges that the owner did not receive notice of the proposed assessment, the City Clerk shall refer the matter for review pursuant to Subsection (G) of this Section. The lien may be canceled or reduced by the City Administrator, or his/her designee, in administrative review, if it is determined that the owner did not receive notice of the proposed assessment, did not previously have knowledge of the lien or of the nuisance abatement work constituting the basis of the lien and could not, in the exercise of reasonable care or diligence, have had such knowledge, and, in addition, that the circumstances are such that a reduction or cancellation of the charges would have been appropriate had the matter been reviewed pursuant to this Section prior to assessment. Upon receipt of a certification from the City Administrator, or his/her designee, pursuant to Subsection (G) of this Section, the City Clerk shall cancel or reduce the lien if required by determination of the City Administrator. Even if the lien is reduced or eliminated under this Section, the individuals, firms, corporations, or other owners of the property at the time at which the notice was served shall be personally liable for the amount of assessment including all interest, civil penalties and other charges.
[Ord. No. 405, 8-18-2015; Ord. No. 495, 12-1-2020]
A.
Upon verification of a reported nuisance violation within the City,
City Administration shall provide a written notice to correct or abate
the nuisance. If the violation is on private property, proof of ownership
shall constitute prima facie evidence for the purposes of this Article
that such person is responsible for its abatement. The following methods
of service of the written notice to abate shall be deemed adequate:
[Ord. No. 405, 8-18-2015; Ord. No. 495, 12-1-2020]
A.
Procedure. The owners, lien holders and occupants of the property who have been served with notice pursuant to Section 215.090, and who do not submit sufficient proof of the commencement of such abatement to the Code Enforcement Official not later than three (3) working days before the date before the scheduled hearing, may appear in person or by representative at the hearing with the Hearing Official scheduled on a date not sooner than ten (10) days after the date of service of the notice as provided in Section 215.090. Said hearing will be conducted by a Hearing Officer appointed by the Mayor.
B.
Hearing. The Hearing Officer shall conduct a full and adequate hearing
upon the question of whether a public nuisance in fact exists. The
Hearing Officer may amend or modify the notice to extend the time
for compliance with the notice by the owner by such date as the Hearing
Officer may determine.
C.
Evidence. The owners, lien holders, occupants of the property, or
their representative or agents shall be given the opportunity to present
evidence to the Hearing Officer in the course of the hearing.
D.
Order. Should the evidence support a finding that the condition constitutes
a nuisance, the Hearing Officer shall issue an order making specific
findings of fact, based on competent and substantial evidence, which
shows that the condition constitutes a public nuisance and that it
should be removed, repaired or otherwise abated by the City.
E.
Additional Time. The Code Enforcement Officer, upon written application
by the owner at any time within the period after the notice has been
served, but before the scheduled hearing, may grant additional time
for the owner to effect the abatement of the nuisance, provided that
such extension is limited to a specific time period.
F.
Costs. The costs of performance of the abatement performed by the City shall be certified and billed in accordance with Section 215.080(F). If the bill is not paid within thirty (30) days, the City Clerk is to follow the procedures set forth in Section 215.080(H) regarding special tax bills and liens against real estate.
G.
Appeal Procedures. If, upon a hearing, the Hearing Officer finds
that a violation exists, proper notice was given, and there has been
a failure to abate the nuisance, the Hearing Officer shall make an
order directing the Chief of Police or the Code Enforcement Official
to have the nuisance abated or removed. The decision of the Hearing
Officer that a nuisance exists and is to be abated may be appealed
pursuant to the provisions of Chapter 536, RSMo., by any person aggrieved,
provided such appeal is filed within thirty (30) days after the date
of personal service or mailing of the Hearing Officer's decision.
[Ord. No. 405, 8-18-2015; Ord. No. 495, 12-1-2020]
The procedures set forth in this Article shall be in addition
to any other remedies that may exist under law for the abatement of
public nuisance, and this Article shall not prevent the City from
prosecuting violations of this Chapter. A conviction of which shall
be punishable as an ordinance violation with a fine up to five hundred
dollars ($500.00) for each violation or up to ninety (90) days confinement
in the County Jail, or a combination of both or proceeding in a civil
cause of action for abatement of nuisances created by the accumulation
of unsightly, dangerous or noxious personal property within the borders
of the City. Upon the successful prosecution of such civil cause of
action, the City may be awarded by the court reasonable attorney's
fees, litigation expenses, expert fees, and court costs incurred in
such action.
[Ord. No. 404 § 215.010, 11-17-2015; Ord.
No. 495, 12-1-2020]
A.
No property owner, lessee or occupant shall be permitted to allow
weeds, grass, brush, briars, and other rank vegetation to grow in
excess of twelve (12) inches in height, exclusive of ornamental shrubs
or flowers, vegetable crops, fruit trees, berry bushes, cover crops
and domestic grains or other cultivated crops. A violation unabated
for a period greater than ten (10) days will warrant an abatement
of the property by the Public Works Department or independent contractor
employed by the City. The property owner shall be responsible for
all abatement costs. An owner of undeveloped land shall maintain their
property so that weeds, grass, brush, briars, and other rank vegetation
shall not exceed a height of twelve (12) inches.
B.
No property owner, lessee, or occupant shall allow or permit vegetation,
grass or weeds to grow outside or extend beyond the boundaries of
any lot or property to a length greater than six (6) inches, to a
height greater than ten (10) inches or encroach upon any sidewalk
more than six (6) inches.
C.
Nothing
contained in this Section shall prohibit the use of vegetation as
a means to control stormwater runoff or soil erosion when approved,
in writing, by the City Administrator or his/her designee.
[Ord. No. 404 § 215.030, 11-17-2015; Ord.
No. 495, 12-1-2020]
A.
It
shall be the duty of the property owner, lessee or occupant of a lot
with street frontage to maintain trees and other landscaping growing
along the frontage and in the street right-of-way.
1.
The property owner, lessee or occupant's obligations include the
following:
a.
Ensuring a clear height of fifteen (15) feet above the surface of
the street, to keep it unobstructed by branches, vegetation, or obstructions.
See Exhibit A below.
|
Exhibit A
|
|---|
|
b.
Ensuring street signs, parking signs, and other directional signs
are not street edge obstructed.
c.
Removing dead, decayed, or broken limbs from the right-of-way.
d.
Ensuring branches, vegetation, and other obstructions are cleared
fifteen (15) feet from any intersection.
e.
Ensuring vegetation, trees, shrubs or any other object does not obstruct
the view of approaching or cross traffic at any street intersection.
Motorists approaching an intersection must have an unobstructed visual
view within fifteen (15) feet from the edge of the nearest triangle
lane. See Exhibit B below.
|
Exhibit B
|
|---|
|
B.
It
shall be unlawful for the property owner, lessee, or occupant of a
lot to allow any tree on the property to become or remain in such
an unsafe condition from age, disease, storm or insect damage to avoid
becoming a nuisance, and/or public hazard.
C.
It
shall be the duty of the property owner, lessee or occupant to maintain
the right-of-way. This portion of property is to be used for driveways,
mailboxes, etc., but is regulated by the City to keep it available
for use by utilities or other public projects. Any object, structure,
driveway or culvert placed in the right-of-way may be removed at any
time. The City will notify the property owner, lessee, or occupant
to remove any obstructions at the property owners' expense with the
exception of standard mailboxes that will be re-installed at the expense
of the City.
D.
It
shall be the duty of the owner, lessee, or occupant to maintain undeveloped
property if the property has been mowed and maintained in the past.
If the parcel sits undeveloped and unmaintained the owner is only
responsible to maintain trees and shrubs in the right-of-way and abate
public hazards/nuisances.
[Ord. No. 404 § 215.040, 11-17-2015; Ord.
No. 495, 12-1-2020]
A.
Upon
verification of a reported nuisance violation within the City, City
Administration shall provide a written notice to correct or abate
the nuisance. If the violation is on private property, proof of ownership
shall constitute prima facie evidence for the purposes of this Article
that such person is responsible for its abatement. The following methods
of service of the written notice to abate shall be deemed adequate:
B.
Only
one (1) notice will be sent to the property owner per fiscal year.
If grass, weeds, brush, or trees become out of compliance after the
original notice is sent, the Code Enforcement Official, or other designated
City employee, will assess the situation and complete an abatement.
All costs for abatements will be billed directly to the property owner.
A statement of charges will be mailed to the property owner within
thirty (30) days of the abatement by the City.
