It shall be unlawful for any person or other entity to permit
or maintain garbage, trash, vehicle parts, and/or components or other
material or matter of a kind that is noxious, offensive, or unsightly
on their premises or private property and the same are hereby declared
to be a nuisance.
[Amended at time of adoption of Code (see Ch. 1, General
Provisions, Art. I)]
A. The City, by and through its Police Department and/or Building Official,
is hereby authorized to abate any such nuisance existing in the City,
with or without prior notice to the person or entity causing or maintaining
the nuisance.
B. If deemed appropriate by the City's Police Chief or his designee
or the City's Building Official, the City may, but shall not be required
to, serve a written notice upon the owner, occupant, agent or person
in possession or control of any lot, building or premises or upon
which any nuisance may be found in the City, or who may be the owner
or cause of any such nuisance, requiring them to abate the same within
a specified period of time in such a manner as the designated authority
shall prescribe. It shall not be necessary in any case for the designated
authority to specify in the notice the manner in which the nuisance
shall be abated, unless he shall deem it advisable to do so.
Charges for such removal shall be a lien upon the premises.
A bill representing the cost and expense incurred or payable for the
service shall be presented to the owner. If this bill is not paid
within 30 days of submission of the bill, a notice of lien of the
cost and expenses thereof incurred by the City shall be recorded in
the following manner: 1) a description of the real estate sufficient
for identification thereof; 2) the amount of money representing the
cost and expense incurred or payable for the service; 3) the date
or dates when the cost and expense was incurred by the City and shall
be filed within 60 days after the cost and expense is incurred.
Notice of such lien claim shall be mailed to the owner of the
premises if his address is known. Upon payment of the cost and expense
after notice of lien has been filed, the lien shall be released by
the City or person in whose name the lien has been filed and the release
shall be filed of record in the same manner as filing notice of the
lien.
Property subject to a lien for unpaid charges shall be sold
for nonpayment of the same, and the proceeds of such sale shall be
applied to pay the charges after deducting costs, as is the case in
the foreclosure of statutory liens. Such foreclosure shall be in the
name of the City, after a lien is in effect for 60 days. Suit to foreclose
this lien shall be commenced within two years after the date of filing
notice of lien.