[Ord. passed 4-21-2011; Ord. 05022016(B), passed 5-2-2016]
The following conditions are deemed to be public nuisances:
(A) Putrid, offensive or unhealthy substances, including but not limited
to stagnant water, allowed to accumulate or remain on private property;
(B) Garbage, trash, waste, junk or debris allowed to accumulate or remain
on private property;
(C) Keeping of cattle, swine, chickens, ducks or other fowl;
(E) Operating a slaughterhouse;
(F) Dangerous buildings, mobile homes or other structures unfit or unsafe
for human occupation;
(G) Derelict cars, trucks or other vehicles or parts thereof, except
that any business licensed for the repair or sale of vehicles shall
be exempt from this provision;
(H) Grass, weeds or similar vegetation reaching a height of greater than
10 inches;
(I) An animal pen or enclosure kept in an unsanitary or unclean condition;
(J) Any condition that alters the natural flow of water creating a dangerous
condition on public or private property; and
(K) Any other condition which is unhealthy or unsafe, provided that it
is described in detail in the notice that is required below in this
chapter, and that the definition is not successfully challenged by
requesting a formal hearing as provided below in this chapter.
[Ord. passed 4-21-2011; Penalty, see § 90.99]
(A) Enforcement of this chapter shall be the responsibility of the Police
Department. Enforcement shall commence by providing notice to the
owner of the property of the public nuisance existing on his or her
or its property. The notice may be delivered by personal service,
by certified mail, or by ordinary mail. If sent by ordinary mail,
there will be a refutable presumption that the letter was delivered
five days after the date it was sent.
(B) The notice shall specifically describe the nature of the nuisance,
the location of the property (using the mailing or popular address
rather than a legal description, when reasonably possible to do so)
and ordering the property owner to, within a period of 10 days from
the receipt of the notice, abate the nuisance.
(C) Any owner who wishes to challenge the order of abatement may do so,
provided that within the ten-day period he or she or it requests a
hearing on the validity of the order. If no such request is made within
that time period, the order becomes final and is not subject to challenge
elsewhere. If such request is made, the hearing shall be conducted
by the Chief of Police. The request for a hearing must be in writing,
but otherwise no particular formality is required. Notice to the property
owner of his or her or its right to request such hearing shall be
given by including a copy of this chapter with any notice sent under
authority of this section.
[Ord. passed 4-21-2011]
If a nuisance is present on the property 10 days after receipt
of the notice by the property owner or five days after an unfavorable
decision on the hearing, whichever is later, the enforcement officer
may cause same to be abated. The enforcement official shall verify
the cost of such abatement to the City Clerk or other officer in charge
of finance 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, and shall be collected in the same
manner and procedure as for collecting real estate taxes.
[Ord. passed 4-21-2011; Penalty, see § 90.99]
An owner who fails to remove a nuisance within 10 days after
receipt of the notice by the property owner or five days after an
unfavorable decision on the hearing shall be guilty of an offense
and may be charged in Municipal Court with the offense of failure
to abate a nuisance.
[Ord. 410.161, passed 11-18-2014; Penalty, see § 90.99]
(A) It shall be illegal to dump, leave or abandon garbage, rubbish, trash,
junk or like items of any kind on property owned, leased or controlled
by the City.
(B) Dumpsters and trash receptacles owned, leased or controlled by the
City are not for general public use. It shall be a violation of this
section and/or trespassing for anyone other than City employees or
agents authorized to dispose of the City's trash, to utilize
the same.
[Ord. 410.161, passed 11-18-2014]
(A) Whoever violates any provision of this chapter for which no specific
penalty is otherwise provided shall be subject to the provisions of
§ 10.99.
(B) Violation of § 90.05 shall be punishable by fine of not
less than $5 and not more than $500 or by jail for a period not to
exceed 90 days, or both such fine and jail.