It is hereby declared to be the policy and intention of the City of Bloomington by enactment of this Article IV:
A.
To define, prevent and provide for the
abatement of nuisances as herein defined; and
B.
To establish responsibility for creation
and maintenance of nuisances and establish penalties therefor; and
C.
To make provision for dealing with nuisances
as swiftly and as flexibly as is possible consistent with the requirements
of due process.
[Ord. No. 1976-80]
A.
Interpretation. The provisions of this
article are intended to be severable. The invalidity of any one provision
shall not affect the validity of other provisions hereof.
[Ord. No. 1976-80]
B.
CITY
INSPECTING AUTHORITY
NUISANCE
(1)
(2)
(3)
(4)
(5)
(6)
(7)
Definitions. As used in this article, the
following terms shall have the meanings ascribed to them in this section:
The City of Bloomington, including all departments and members
thereof;
Any condition or action declared
to be a nuisance by law;
Any condition or action declared
to be a nuisance by any provision of Bloomington Code other than this
article;
Any condition or action which is
a nuisance at common law;
Any building determined under any
law or ordinance to be unfit for human habitation, whether by unsanitary
condition or otherwise;
Any mosquito harborage;
An accumulation of bird droppings
on a public sidewalk.
[Ord. No. 1986-23]
A.
It shall be unlawful for any person:
(1)
To perform any act or create or cause to
exist any condition or situation defined as a nuisance in this article;
or
(2)
Who has caused or created a nuisance to
refuse or fail to abate said nuisance upon notice to do so from the
City of inspecting authority; or
(3)
Who owns property which constitutes a nuisance
or upon which a nuisance exists, to refuse or fail to abate said nuisance
upon notice to do so from the City or inspecting authority.
[Ord. No. 1976-80]
B.
A separate violation of this section shall
be deemed committed each day the violation exists or continues.
[Ord. No. 1976-80]
Whenever any nuisance is created,
maintained or perpetuated in violation of this article, the City may
take one or more of the following steps:
A.
Prosecute any person violating this article
to obtain a conviction and assessment of a penalty therefor;
B.
Where not otherwise authorized by statute
or ordinance, initiate a proceeding in court to obtain a court order
authorizing the City of Bloomington to abate such nuisance and recover
the cost of abatement by placing a lien on the property upon which
the nuisance exists and foreclosing thereon, in the manner herein
provided;
C.
Initiate a proceeding in court to obtain
a court order directing the defendant or defendants to abate the nuisance
under such conditions and circumstances as the court may direct;
D.
Follow any other procedure authorized by
law or by ordinance for the abatement of the nuisance;
E.
In any case where the nature of the nuisance
is such that it may cause injury to the person or property of another
prior to the time it may be abated, the City may summarily abate the
nuisance.
[Ord. No. 1976-80]
The procedure for dealing with nuisances
shall apply in the absence of other procedures dictated by law or
by ordinance.
A.
Notice. Upon learning of the existence
of a nuisance, the City or the inspecting authority shall notify by
certified mail the creator of the nuisance, if known, or the owner
of the property of the existence of the nuisance. The notice shall
contain a brief description of the character of the nuisance, the
provisions of law or ordinance which it violates and the date by which
such nuisance is to be abated, which date shall be 10 days from the
date of such notice. Where the character of the nuisance warrants
summary abatement, the City or inspecting authority shall, where practical,
notify the creator of the nuisance or the owner of the property which
constitutes the nuisance or on which the nuisance exists, of its existence
and direct such person to abate such nuisance within a reasonable
time. Such notice may be oral and may be given by any means reasonable
under the circumstances. Nothing in this section shall prohibit the
City or inspecting authority from summarily abating a nuisance without
notice where notice is impractical due to:
(1)
Difficulty or delay required in ascertaining
the identity of or contacting the person to be notified;
(2)
Probable inability of the person to be
notified to abate the nuisance in time;
(3)
Delay occasioned by attempts to contact
the person to be notified would interfere with the ability of the
City or inspecting authority to abate the nuisance in time.
[Ord. No. 1976-80]
B.
Abatement; complaint; hearing.
(1)
Upon failure of the person to be notified as provided above to abate the nuisance, the City shall abate the nuisance where authorized by law or by ordinance to do so, or file a complaint with the Circuit Court as provided in § 22-404A, B and C of this chapter or as otherwise provided by law or by ordinance;
(2)
It shall not be a defense to prosecution
for violation of this article that the nuisance has been abated by
the City;
(3)
If the court determines that a nuisance
exists and has not been abated, upon application by the City it shall
order the Defendant to abate such nuisance, or authorize the City
to abate it and recover the cost therefor as provided by law or by
ordinance.
[Ord. No. 1976-80]
C.
Lien. Charges for the cost incurred by
the City of Bloomington for abatement of nuisances pursuant to this
article shall be a lien upon the property on which the nuisance existed.
At any time after a bill has been sent to the owner of the property
for nuisance abatement, a lien may be filed with the Recorder of Deeds
within 60 days of the time the cost is incurred. The failure of the
City to record such lien or to mail notice thereof, or the failure
of the owner to receive such notice shall not affect the right of
the City to foreclose thereon. For purposes of this section, the City
shall be deemed to incur the cost of nuisance abatement:
(1)
(If abatement is done by a private contractor
at the direction of the City) at the time the City pays for such abatement;
or
(2)
(If abatement is done by the City) at the
time the head of the department accomplishing such abatement transmits
to the Finance Department a calculation of the cost of abatement.
[Ord. No. 1976-80]
D.
Foreclosure of lien. Property subject to
a lien for unpaid nuisance abatement charges shall be sold for nonpayment
of same and the proceeds of such sale shall be applied to pay the
charges after deducting costs. Such foreclosure shall be in equity
in the name of the City. The Legal Department is hereby authorized
and directed to institute such proceedings within two years of the
time the costs are incurred in the name of the City in any court having
jurisdiction over such matter against any property for which such
bill has remained unpaid after it has been rendered; and to release
said lien upon payment of the costs incurred by the City.
[Ord. No. 1976-80]
Upon conviction of a violation of § 22-403 of this chapter, a person shall be fined for the first offense not less than $25 nor more than $200; for subsequent offenses, not less than $100.
