[Ord. 713, 8-1-1988]
The following definitions shall apply in the interpretation and enforcement of this chapter:
ABANDONED PROPERTY
Wrecked or derelict personal property, including, but not limited to, wrecked, inoperative or partially dismantled motor vehicles, trailers, boats, machinery, refrigerators, washing machines, stoves, hot water heaters and other household appliances, plumbing fixtures, and furniture.
PRIVATE PROPERTY
Real property not owned or used by a governmental body in the City.
PUBLIC PROPERTY
Real property owned or used by any governmental body in the City, and includes building or portions thereof under governmental use, parks, streets, sidewalks, rights of way, easements and vacant or undeveloped land owned or leased by any governmental body.
[Ord. 976-2002, 1-24-2002]
The building inspector or the compliance officer shall enforce this chapter. Reference herein to the building inspector includes reference to the compliance officer.
[Ord. 713, 8-1-1988; Ord. 976-2002, 1-24-2002]
A. 
No person shall:
1. 
Place, leave or cause to be placed or left on public property or outside any building, enclosed porch, areaway or other portion of a building, or dwelling on private property any abandoned property;
2. 
Obstruct the building inspector in the discharge of his duties under this chapter;
3. 
Remove any notice affixed to abandoned property under this chapter without the building inspector's consent; or
4. 
Allow any abandoned property to remain on any private property which they own.
B. 
The building inspector or the compliance officer shall enforce this chapter.
[Ord. 713, 8-1-1988; Ord. 976-2002, 1-24-2002]
A. 
Whenever the building inspector finds abandoned property which is located on private property and he can reasonably ascertain the person responsible for placing, leaving or causing the placing or leaving of the abandoned property on the private property, he shall serve upon such person a notice of abandoned property, in a form prescribed by the building inspector, stating that the property (which shall be described) appears to be abandoned property under this chapter, that the person receiving the notice (who shall be named) appears to be responsible for placing, leaving or causing the placing or leaving of the abandoned property under this chapter, that the person receiving the notice (who shall be named) appears to be responsible for placing or leaving of the abandoned property on the private property (which shall be described with reasonable particularity), that he has 15 days from the date of the notice in which to remove the abandoned property and that, in the event of such person's not removing the abandoned property within the fifteen-day period, it may be removed by the City and the cost of such removal assessed against the real property from which the abandoned property was removed or against the person receiving the notice where authorized by state law or the building code. The notice shall also state that the person may, within the fifteen-day period, request a hearing as to the necessity of removal and the place where the person may make his request and, in prominent language, that failure by the person to request a hearing within the fifteen-day period will act as a waiver of his right to a hearing and may result in the assessment of the cost of such removal against him personally. The person receiving the notice shall sign the notice as an acknowledgment that he has received a copy of the notice and a copy of the notice shall be provided to such person. If the person is not served personally, notice shall be given by certified mail, with return receipt requested, at the last known address. If with due diligence the address cannot be ascertained or the return receipt shows that the person cannot be located, notice shall be given by publication in a newspaper of general circulation one time no less than 15 days prior to any removal. A notice shall also be served or sent to the private property owner upon which the abandoned property is located.
B. 
Whenever the building inspector finds abandoned property which is located on private property and he cannot ascertain the person responsible for placing or leaving or causing the placing or leaving of the abandoned property on the private property, a notice shall be mailed by certified mail to the owner per the county assessor's office of the real property upon which the abandoned property located. A removal notice shall also be placed on or near the abandoned property as required by Section 8-705 of this chapter and the building inspector shall proceed as required under this chapter.
C. 
If any person required by this section to sign a notice of abandoned property wilfully fails or refuses to do so, the building inspector shall note this fact on the face of the notice, which shall constitute prima facie evidence of delivery or service of notice as required by this section.
D. 
The building inspector or the compliance officer shall enforce this chapter.
[Ord. 976-2002, 1-24-2002]
Whenever the building inspector or compliance officer finds abandoned property which is located on private property, and regardless of whether a notice of abandoned property is served pursuant to Subsection 8-704A or B of this chapter, the building inspector or compliance officer shall cause a notice to be placed on the abandoned property. If the building inspector or compliance officer cannot attach the removal notice to the abandoned property itself, he shall attach the notice to a substantial object as close to the abandoned property as possible, and this shall be deemed compliance with the posting requirement of this section.
[1]
Editor's Note: Former §§ 8-706, Hearing; 8-707, Procedure for Disposition of Abandoned Property; 8-708, Abandoned Property Declared to Be a Public Nuisance; and 8-709, Violations, were repealed 1-24-2002 by Ord. No. 976-2002.
[Ord. 976-2002, 1-24-2002]
A. 
Enforcement of this chapter: The building inspector or compliance officer or their designees shall enforce this chapter and shall have the authority to issue citations to any person, firm, or corporation, which violates, in any manner, this chapter.
B. 
Penalty for violating this chapter: Violations of the conditions set forth by this chapter shall be punishable by fines as determined by the municipal judge of up to $200 for the first violation and up to $500 for repeat violators. Each day that the violation exists shall constitute another violation.