[Ord. No. 517-90 §1, 1-15-1990; Ord. No. 1578-2024, 7-15-2024]
A. 
It shall be unlawful for any person to permit, cause, keep, or maintain any nuisance or contribute to the same as defined by the laws of the State, provisions of this Code or other ordinances of the City, or cause or permit to be committed, caused, kept, maintained or done or contribute to the committing, causing, keeping or maintaining of any such nuisance within City limits. For purposes of this Section, the term “person” includes individuals, private corporations, firms, partnerships, associations, executors, administrators, trustees, receivers, or other representatives appointed according to law.
B. 
No owner, occupant or person in charge of any house, building, lot or premises shall cause or allow any nuisance to be or remain in or on any such house, building, lot or premises.
C. 
For the purposes of this Chapter, the term “undeveloped property” shall mean property which does not have a final plat which has been recorded with Clay County. However, property which has any constructed improvements on it, including but not limited to buildings, structures, driveways, parking lots, and landscaped areas but not platted shall not be treated as undeveloped property.
D. 
For the purposes of this Chapter, the term “cultivated property” shall mean property that is worked by plowing, sowing, and raising crops and shall include the harvesting of hay and other grasses for commercial purposes on an undeveloped parcel in excess of three (3) acres of size, provided that it is harvested at a reasonable maturity level.
[Ord. No. 1578-2024, 7-15-2024]
A. 
Notwithstanding any other provision of this Code to the contrary:
1. 
Whenever the Code Enforcement Officer or other employee authorized by the City Administrator is made aware that a violation of this Chapter, including Sections 215.050, 215.051 or 215.052, has occurred, a summons to appear in Municipal Court on the violation may be issued.
2. 
Any person who has been found guilty of violating any provision of this Chapter, after issuance of a summons to appear in Municipal Court, shall be assessed a fine and court costs not to exceed two hundred dollars ($200.00) for the first (1st) offense.
3. 
Any person who has been found guilty of violating any provision of this Chapter a second time within a twelve-month period, after issuance of a summons to appear in Municipal Court, shall be assessed with a fine and court costs not to exceed two hundred seventy-five dollars ($275.00).
4. 
Any person who has been found guilty of violating any provision of this Chapter a third time within a twelve-month period after issuance of a summon to appear in Municipal Court, shall be assessed a fine and court costs not to exceed three hundred fifty dollars ($350.00).
5. 
A habitual offender, that is, any person who has been found guilty of violating any provision of this Chapter four (4) times within a twelve-month period, after issuance of a summons to appear in Municipal Court, shall be assessed a fine and court costs not to exceed four hundred fifty dollars ($450.00) for the fourth offense and each subsequent offense thereafter. Probation may be granted to a habitual offender for a term of not less than two (2) years.
B. 
If a person is charged and found guilty of committing more than one (1) offense on the same day, then all such offenses on that day for purposes of this Section shall be counted as one (1) violation. Each day that any condition exists or continues which constitutes a violation of this Chapter shall be regarded as a new and separate offense.
C. 
The penalties in this Section are in addition to the remedies identified elsewhere in this Chapter. These remedies include abatement and the imposition of costs through a special tax bill, an annual real estate tax bill, any delinquent costs also constituting a personal debt against the owner and also creating a lien on the property until paid.
[Ord. No. 517-90 §2, 1-15-1990; Ord. No. 1043-2006 §1, 5-1-2006; Ord. No. 1578-2024, 7-15-2024]
A. 
The following are deemed, defined and declared to be nuisances for the purposes of this Chapter; provided, however, that the following shall not be deemed to be an exclusive list:
1. 
Substances emitting noxious odors. All substances which emit or cause any foul, noxious, unhealthy or disagreeable odor or effluent in the neighborhood where they exist.
2. 
Carcasses of animals. All carcasses of animals remaining exposed one (1) hour after death.
3. 
Hides. All green or salted hides left or deposited in any open place.
4. 
Slaughterhouses, pens in offensive condition. All slaughterhouses or pens inside the City which are kept in such a condition as to be offensive, annoying or disagreeable to anyone.
5. 
Establishments emitting noxious odors, etc. Establishments emitting or causing offensive, disagreeable, noxious or toxic dust, vapor, fume, mist or odor.
6. 
Liquid refuse. All slop, foul or dirty water, liquid or beer washings, all filth, refuse or offal discharged through drains or spouts or otherwise thrown or deposited in or upon any street, sidewalk, lot, park, public square, public enclosure, any pond or pool of water.
7. 
Vegetables emitting noxious odors. All vegetables or other articles that emit or cause an offensive, noxious or disagreeable smell or odor.
8. 
Matters causing injury, inconvenience or annoyance to public. All articles or things whatsoever caused, kept, maintained or permitted by any person to the injury, inconvenience or annoyance of the public.
9. 
Acts injuring, annoying or inconveniencing the public. All pursuits followed or engaged in or acts done by any person to the injury, annoyance or inconvenience of the public.
10. 
Advertising devices over streets. All hanging signs, ropes, network or other advertising device stretched over or across any street or sidewalk without consent of the City.
11. 
Litter, trash, or refuse on public or private property. All ashes, cinders, slops, filth, excrement, sawdust, stones, rocks, dirt, straw, soot, sticks, shavings, eggshells, oyster shells or cans, dust, brush, logs, paper, trash, rubbish, manure, refuse, offal, waste water, chamber lye, fish, putrid meat, entrails, decayed fruit or vegetables, broken ware, rags, iron or other metal, old wearing apparel, all animal or vegetable matter, all dead animals or any other offensive or disagreeable substance or thing thrown, left, deposited or discharged or caused to be left, thrown, deposited or discharged by anyone in or upon any street, sidewalk, park, public square, public enclosure, lot, vacant or occupied, stream or waterway, or pond or pool of water.
12. 
Litter. Meaning a disorderly accumulation of objects or items carelessly discarded or allowed to collect.
13. 
Any accumulation of material that does or could afford harborage for rats, mice, snakes or other vermin.
14. 
The causing or permitting of any natural or manmade drainage ditch, dam, detention pond, drainage structure or drainage way on any private property or public property to be rendered partially or totally unusable or ineffective in meeting its original purpose in natural or designed capacity.
15. 
Additional nuisance conditions.
a. 
Any fence, wall, shed, deck, house, garage, sign, building structure or any part of the aforesaid; or
b. 
Any tree, bush, pole, smokestack; or
c. 
Any excavation, hole, pool, pit, basement, cellar, dock or loading dock; or
d. 
Any lot or land, yard, premises or location,
which in its entirety or in any part thereof, by reason of the condition in which the same is found or permitted to be or remain, shall or may endanger the health, safety, life, limb or property or cause any hurt, harm, inconvenience, discomfort, damage or injury to any one (1) or more individuals in the City in any one (1) or more of the following particulars:
(1) 
By reason of being a nuisance, threat and/or hazard to the general health and safety of the community.
(2) 
By reason of being a fire hazard.
(3) 
By reason of being unsafe, dangerous or unhealthy for occupancy or use on, in, upon, about or around the aforesaid property.
(4) 
By reason of lack of sufficient or adequate maintenance of the property and/or being vacant, any of which blights or depreciates the enjoyment, value, appearance or use of the property in the immediate vicinity to such an extent that it is harmful to the community in which such property is situated or such conditions exist, including contributing.
16. 
The abandonment, neglect or disregard of any premises so as to permit the premises to become unclean with an accumulation of litter or waste thereon or to permit the premises to become unsightly, unsanitary or obnoxious or a blight to the vicinity or offensive to the senses of users of the public way abutting the premises and so to continue for a period longer than ten (10) days after written notice.
17. 
Any house, building or room in which persons are allowed or permitted by the owner, keeper or occupant to resort or use for the purpose of prostitution or similar sexual activity.
18. 
Any non-conforming property, lot, use, building or structure, as defined by the City zoning ordinance, which is allowed by reason of lack of sufficient or adequate maintenance of the property, lot, use, building or structure to fall below the standards and level of maintenance of the surrounding properties and/or being vacant, any of which depreciates the enjoyment and the use of the property in the immediate vicinity to such an extent that it is harmful to the community in which the property is situated or such conditions exist.
19. 
Any partially dismantled, wrecked, junked, or discarded or otherwise non-operating motor vehicle under repair remaining on private property longer than forty-eight (48) hours; and no person shall leave any such vehicle on any property within the City for a longer time than forty-eight (48) hours, except that this Section shall not apply to any vehicle in an enclosed building or so located upon the property as not to be readily visible from any public place or from any surrounding private property, or with regard to a vehicle and an appropriate storage place or depository maintained in a lawful public agency or entity, or in a zoning district permitting such use.
20. 
Unsheltered storage or unsheltered parking of wrecked, unused, stripped, junked and other vehicles not in good and safe operating condition and of any other vehicles, machinery, implements and/or equipment or personal property of any kind which is no longer safely usable for the purposes for which it was manufactured which in this Article or collectively described as personal property, for a period of twenty-four (24) hours or more except in a licensed junk or salvage yard. Automobiles not having a current State license plate shall be presumed to be not in a good and safe operating condition unless properly stored and sheltered as not to be readily visible from any public place or from any surrounding private property, or with regard to a vehicle and an appropriate storage place or depository maintained in a lawful public agency or entity, or in a zoning district permitting such use.
21. 
All articles or things whatsoever committed, caused, kept, maintained, suffered, or permitted, that are dangerous or detrimental to any of the inhabitants of the City.
22. 
The maintenance upon any premises in this City of a building, structure, or other condition apt to cause injury to the traveling public, or apt to obstruct, injure or destroy public ways of the City.
[Ord. No. 1578-2024, 7-15-2024]
A. 
Whenever necessary to make an inspection or to enforce any of the provisions of this Code on private property or whenever the Code Enforcement Officer, Building Official, Chief of Police, or other employee authorized by the City Administrator (hereinafter "authorized person") has probable cause to believe that there exists a nuisance, or in any building or structure any condition which makes such building or structure unsafe, the authorized person may go upon the property and or enter the building or structure at any reasonable time to inspect the same or to perform any duty imposed upon the authorized person by this Code, including abatement or removal of any nuisance; provided, if such property is occupied, the authorized person shall first present proper credentials and request and obtain consent to enter before gaining access to the building or structure. Reasonable effort must be made to locate the owner or other persons having charge or control of the property when seeking permission for entry.
B. 
If no consent has been given to enter or inspect any building, structure, or premises, no entry or inspection shall be made without the procurement of an administrative search warrant from the judge presiding in the Municipal Court.
C. 
Administrative Search Warrant Defined — Who May Issue, Execute.
1. 
An administrative search warrant is a written order of the Municipal Court Judge commanding the search or inspection of any property, place or thing, and the seizure, photographing, copying or recording of property or physical conditions found thereon or therein, to determine or prove the existence of violations of any ordinance or Code Section of the City relating to the use, condition or occupancy of property or structures located within the City, or to enforce the provisions of any such ordinance or Code Section.
2. 
The Municipal Court Judge having original and exclusive jurisdiction to determine violations against the ordinances of the municipality may issue an administrative search warrant when:
a. 
The property or place to be searched or inspected or the thing to be seized is located within the City at the time of the making of the application; and
b. 
The owner or occupant of the property or place to be searched or inspected or the thing to be seized has refused to allow same after official request by the authorized person.
3. 
Any such administrative search warrant shall be directed to the Chief of Police or any other Police Officer of the City and shall be executed by the Chief of Police or said Police Officer within the City of Kearney limits and not elsewhere.
D. 
Who May Apply For An Administrative Search Warrant — Contents Of Application.
1. 
The City Prosecutor or City Attorney may make application to the Municipal Court for the issuance of an administrative search warrant.
2. 
The application shall:
a. 
Be in writing;
b. 
State the time and date of the making of the application;
c. 
Identify the property or places to be entered, searched, inspected or seized in sufficient detail and particularity that the officer executing the administrative search warrant can readily ascertain it;
d. 
State that the owner or occupant of the property or places to be entered, searched, inspected or seized has been requested by the authorized person to allow such action and refused to allow such action (denial of access form);
e. 
State facts sufficient to show probable cause for the issuance of an administrative search warrant, as provided in Subsection (C)(1) hereof, to:
(1) 
Search or inspect for violations of an ordinance or Code Section specified in the application; or
(2) 
Show that entry or seizure is authorized and necessary to enforce an ordinance or Code Section specified in the application and that any required due process has been afforded prior to the entry or seizure;
f. 
Be verified by the oath or affirmation of the applicant; and
g. 
Be signed by the applicant and filed in the Municipal Court.
3. 
The application shall be supplemented by a written affidavit verified by oath or affirmation. Such affidavit shall be considered in determining whether there is probable cause for the issuance of an administrative search warrant and in filling out any deficiencies in the description of the property or place to be searched or inspected. Oral testimony will not be considered.
E. 
Procedure — Contents Of Administrative Search Warrant — Execution And Return.
1. 
Procedure.
a. 
The Municipal Court Judge shall determine whether probable cause exists to enter, inspect or search for violations of any City ordinances or Code Section and to enforce any such ordinance or Code Section.
b. 
In doing so the Municipal Court Judge shall determine whether the action to be taken by the City is reasonable in light of the facts stated. The Municipal Court Judge shall consider:
(1) 
The goals of the ordinance or Code Section sought to be enforced;
(2) 
The physical condition of the specified property;
(3) 
The age and nature of the property;
(4) 
The condition of the area in which the property is located;
(5) 
The known violation of any relevant City ordinance or Code Section;
(6) 
Eyewitness accounts of violation;
(7) 
Citizen complaints;
(8) 
Tenant complaints;
(9) 
Plain-view violations;
(10) 
Violations apparent from City records;
(11) 
Nature of alleged violation, the threat to life or safety and imminent risk of significant property damage;
(12) 
Previous unabated or similar violations in the building or structure or on the premises;
(13) 
Passage of time since the last inspection of the building, structure or premises;
(14) 
The age and condition of the building are structured to be inspected; and
(15) 
Whether the scope of the search has been specifically and narrowly defined as so to limit the discretion of the inspector.
c. 
The standard for issuing an administrative search warrant need not be limited to actual knowledge of an existing violation of an ordinance or Code Section.
d. 
If it appears from the application and any supporting affidavit that there is probable cause to enter, inspect or search for violations of any City ordinance or Code Section or to enforce any such ordinance or Code Section, and administrative search warrant shall immediately be issued.
e. 
The administrative search warrant shall be issued in the form of an original and two (2) copies, and the application, any supporting affidavit and copy of the administrative search warrant as issued shall be returns of the Municipal Court.
2. 
Contents Of The Administrative Search Warrant. The administrative search warrant shall:
a. 
Be in writing and in the name of the City of Kearney;
b. 
Be directed to any Police Officer in the City;
c. 
State the time and date the administrative search warrant was issued;
d. 
Identify the property or places to be entered upon, searched or inspected in sufficient detail and particularity that the Police Officer executing the administrative search warrant can readily ascertain it;
e. 
Command that the described property or places to be entered upon or searched, and that any evidence of any City ordinance violations found therein or thereon, or any property seized pursuant thereto, or a description of such property seized, be returned, within ten (10) days after filing of the application, to the Municipal Court Judge who issued the administrative search warrant, to be dealt with according to law;
f. 
Be signed by the Municipal Court Judge, with his or her title of office indicated.
3. 
Execution and return of administrative search warrant.
a. 
An administrative search warrant issued under this Article shall be executed only by a City Police Officer; provided, however, that one (1) or more designated City officials may accompany the officer, and the administrative search warrant shall be executed in the following manner:
(1) 
The administrative search warrant shall be executed by conducting the entry, search, inspection or seizure as commanded and shall be executed as soon as practicable during regular business (or daylight) hours or at other times that may be reasonable in accordance with the circumstances.
(2) 
The Police Officer shall give the owner or occupant of the property entered upon, searched or inspected a copy of the administrative search warrant.
(3) 
If any property is seized incident to the search, the authorized person shall:
(a) 
Give the person from whose possession it was taken, if the person is present, a receipt for the property taken. If no such person is present, the officer shall leave the receipt for property at the site of the search in a conspicuous place.
(b) 
A copy of the receipt for property of any property taken shall be delivered to the Municipal Court within two (2) working days of the search.
(c) 
The disposition of property seized pursuant to an administrative search warrant under this Section shall be in accordance with Section 215.034 of this Code.
(d) 
The Police Officer may summon as many persons as he/she deems necessary to assist him/her in executing the administrative search warrant, and such person shall not be held liable as a result of any illegality of the search and seizure.
(e) 
An officer making a search pursuant to an invalid administrative search warrant, the invalidity of which is not apparent on its face, may use such force as he would be justified in using if the administrative search warrant were valid.
(f) 
An administrative search warrant shall expire if it is not executed and the required return made within ten (10) days after the date of the making of the application.
b. 
After execution of the administrative search warrants, the officer's return and inventory thereon signed by the officer making the search, shall be delivered to the Municipal Court.
(1) 
The officer's return and inventory shall show the date and manner of execution and the name of the possessor and of the owner, when not the same person, if known, of the property or places searched or seized.
(2) 
The authorized person shall keep any photographs, copies or recordings made, and by any property seized, along with a copy of the receipt for property of such property required by this Section; provided, however, that the seized property may be disposed of as provided therein.
(3) 
The Municipal Court Clerk, upon request, shall deliver a copy of the officer's return and inventory, to the possessor and the owner, when not the same person, of the property searched or seized.
F. 
Warrant Invalid, When. An administrative search warrant shall be deemed invalid:
1. 
If it was not issued by the Municipal Judge;
2. 
If it was issued without a written application having been filed and verified;
3. 
If it was issued without sufficient probable cause in light of the goals of the ordinance to be enforced and such other factors as provided in Subsection (C)(1) hereof;
4. 
If it was not issued with respect to property or places in the City;
5. 
If it does not describe the property or places to be entered upon, searched, inspected or seized with sufficient certainty;
6. 
If it is not signed by the Municipal Court Judge who issued it; or
7. 
If it was not executed and the required return made within ten (10) days after the date of the making of the application.
G. 
The authorized person may enter the premises without consent or an administrative warrant to make an inspection or enforce any of the provisions of this Code in the following circumstances:
1. 
The activity has a high risk of illegal conduct and poses a serious danger to the public;
2. 
Emergency situations;
3. 
The inspection is conducted at a pervasively regulated business;
4. 
In connection with such accepted regulatory techniques as licensing programs which require inspections prior to operating a business or marketing a product; or
5. 
When imminent circumstances or conditions otherwise threaten the health, safety or welfare of the public.
[Ord. No. 517-90 §§3 — 7, 1-15-1990; Ord. No. 1524-2023, 4-3-2023; Ord. No. 1578-2024, 7-15-2024]
A. 
If the abatement of any nuisance is not immediately necessary for the protection of the health and welfare of the inhabitants of the City, then the Code Enforcement Officer, Building Official, Police Officer, or other employee authorized by the City Administrator shall give ten (10) days’ notice to the owner and occupant or person having possession of the premises where the nuisance exists, or his or her agent, stating the nature of the nuisance and ordering the removal or abatement of such nuisance. The notice shall be required in order to abate the nuisance under provisions of this Chapter, but notice shall not be required as a prerequisite for a violation pursuant to Section 215.010 or repeat violation pursuant to Subsection 215.060. If the nuisance is on private property, proof that a person occupied the property or that a person has possession or the right to possession of the property shall constitute prima facie evidence for purposes of this Chapter that the person has caused, maintained or permitted the nuisance; and the person shall be responsible for its abatement. The notification may be made by any one of the methods set forth in Subsection 215.030(C)(6).
B. 
A person notified as provided in Section 215.030(A) shall not fail, neglect or refuse to comply with the notice within the time specified in the notice. For every day from the time specified in the notice that the person shall fail, neglect or refuse to comply and for every day thereafter that the person shall fail, neglect or refuse to abate or remove such nuisance, he or she shall be deemed guilty of separate ordinance violation. If the property has been posted with a notice to abate the nuisance for at least ten (10) days and after reasonable attempts to give notice to the property owner or occupant, failure to give such notice by personal service or by mail shall not invalidate a lien against the land for charges to abate the nuisance.
C. 
Procedure. The notice of nuisance and requirement to abate shall:
1. 
Be in writing.
2. 
State the nature of the nuisance and that the condition constitutes a nuisance.
3. 
Describe the premises where the nuisance is alleged to exist or to have been committed.
4. 
Specify a period of ten (10) days for the abatement of the nuisance and advise the owner, occupant or person in possession of the premises or his or her right to request a hearing under the appeal procedure in Subsection 215.030(D).
5. 
State that, unless the nuisance is abated within ten (10) days, it can be abated by the City, and the costs of abatement shall be assessed as provided under Section 215.033.
6. 
Be served upon the owner and occupant or person in possession of the premises, or owner of the personal property, by delivery personally or by leaving notice at the owner, occupant or person in possessions usual place of abode with a member of the family over the age of fifteen (15) years, or by United States certified mail and ordinary mail, postage prepaid, addressed to the owner, occupant, person in possession or their agent. If a person to whom the notice is addressed cannot be found after reasonable effort to do so, service may be made by posting the notice on the premises described in the notice, or by causing the notice to be published in a newspaper of general circulation. If the owner or occupant is a corporation, notice shall be served upon an officer, a person in charge of any local business office, or its registered agent or any other agent authorized by appointment or required by law to receive service of process.
D. 
Appeal.
1. 
Any person served with a notice of violation and requirement to abate shall have the right to appeal from the notice of violation to the City Administrator or other employee designated by the City Administrator within seven (7) days of the date of the notice of violation. The City Administrator or designee shall hear at a time promptly set, in a manner allowing the appellant to present evidence, each duly filed appeal and decide whether to affirm, amend or reverse the notice of violation or other action appealed. In doing so, the City Administrator or designee may interpret the provisions of the Code and this Chapter.
2. 
An appeal shall be in writing and in a form provided by the City Administrator and with such information as the City may require. An appeal must be delivered to the City Administrator on or before the seventh (7th) day after the notice of the violation. Only those matters specifically raised by the applicant and the written appeal shall be considered.
3. 
The timely filing of an appeal shall not stay enforcement through abatement but shall preserve the right to challenge abatement costs. Failure of a person entitled to appeal under this Chapter or to timely file an appeal is a waiver of the right to appeal. A person shall be stopped to deny the validity of any order or action which could have been appealed.
4. 
Any person who appeals under this Section may appeal the decision to the Board of Aldermen within ten (10) days of the decision, in writing, in a form and with such information as the City may require.
E. 
All officers of the Police force or other designated representative of the City are hereby authorized and required to go in the daytime in and upon any house, building, lot or premises, whether public or private, for the purpose of removing or abating any nuisance deemed to be dangerous to public health.
[Ord. No. 1578-2024, 7-15-2024]
Ten (10) days after the notice is given to a property owner and person occupying or in possession of the property to abate or remove a nuisance, or to an agent as may be applicable, and the property owner or occupant or possessor fails to begin removing or abating the nuisance or otherwise fails to remove or abate the nuisance, the Code Enforcement Officer or other employee authorized by the City Administrator is authorized and empowered to lawfully enter upon any private property or premises for the purpose of abating or removing any nuisance existing thereon upon obtaining a warrant or consent from the owner or occupant or possessor of the property and for that purpose may summon sufficient force to help him or her abate or remove any nuisance, including the use of City employees or equipment and the use of contractors or laborers hired for the duration of the abatement project.
[Ord. No. 1578-2024, 7-15-2024]
Whenever the Code Enforcement Officer, Chief of Police, or other employee authorized by the City Administrator has cause to abate a nuisance immediately in order to secure the general health, safety or welfare of the City or any of its inhabitants, the Code Enforcement Officer, Chief of Police, or other employee authorized by the City Administrator is authorized to abate the nuisance without notice, and he or she may use any suitable means or assistance for that purpose, whether employees of the City or day laborers or contractors especially employed for that purpose or any other help or assistance necessary therefor.
[Ord. No. 1578-2024, 7-15-2024]
All of the costs of abatement, including but not limited to, costs of notices, inspections and abatement proceedings and proof of notice to the owner of the property shall be certified to the City Clerk or officer in charge of finance, who shall cause the certified costs to be included in a special tax bill or added to the annual real estate bill, at the collecting official’s option, for the property and the certified costs shall be collected by the official collecting taxes in the same manner and procedure for collecting real estate taxes. If these certified costs are not paid, the tax bill or annual real estate bill reflecting the special tax bill (in any case referred to as “tax bill”) shall be considered delinquent, and the collection of the delinquent bill shall be governed by the laws governing delinquent and back taxes. The tax bill from the date of its issuance shall be deemed a personal debt against the owner and shall also be a lien on the property from the date the tax bill is delinquent until paid. The tax bill shall be prima facie evidence of the recitals therein and of its validity and no mere clerical error or informality in the same, or in the proceedings leading up to the issuance, shall be a defense thereto. Each tax bill shall be issued by the officer in charge of finance and delivered to the collecting official on or before the first (1st) day of October of each year. The tax bills if not paid when due shall bear interest at the rate of twelve percent (12%) per annum.
[Ord. No. 1578-2024, 7-15-2024]
A. 
If not removed within the times specified in the notice to abate provided for within Sections 215.030, 215.031 and 215.032, the nuisance property shall be removed as follows by or at the direction of the authorized person, at the expense of the owner or person in custody thereof:
1. 
Vehicles shall be hauled by a certified towing company and stored on their lot pursuant to State law;
2. 
Miscellaneous personal items that appear to be readily usable or readily repairable, including but not limited to lawn care items, yard decorative items, car parts, furniture, children's toys, clothing, household items, appliances or building materials shall be taken to a storage area/building and stored for a period of at least ninety (90) days. The person entitled to possession thereof may redeem the property by payment to the City of the actual cost of removal and the storage fee;
3. 
Garbage/trash/broken items shall be bagged/stacked and disposed of by the City or solid waste contractor.
B. 
The owner of the property constituting the nuisance, if known, or owner or occupant of the premises where the nuisance existed, or his or her agent, shall be notified of the right to redeem the property pursuant to Section 215.034(A) above. The notice shall be served in the manner outlined in Section 215.030 before the ninety-day redemption period expires.
C. 
If the vehicle or miscellaneous personal items are unredeemed after the expiration of the ninety-day, the authorized person may sell the vehicle or miscellaneous personal items to the highest bidder or, if it has no resale value, may otherwise dispose of it. Any money received from the sale or disposal of any vehicle or miscellaneous personal items shall be applied to the abatement expenses charged to the owner or person in charge thereof. Any money received from the sale in excess of the actual costs of abatement and storage shall be returned to the owner or person in charge thereof provided that:
1. 
Prior to the sale or disposal of any nuisance property under the provisions of this Section, authorized persons shall notify the owner or occupant of the premises where such nuisance exists or his or her agent in the manner outlined in Section 215.030, and shall cause to be posted in City Hall, the place of storage and at least one (1) other public place in the City, a notice of sale stating:
a. 
The terms of the sale;
b. 
The date time and place of the sale; and
c. 
An itemized description of the property.
The notice shall be published not less than ten (10), nor more than thirty (30) days prior to the sale.
[1]
Editor's Note: Former Section 215.040, Violation — Penalty, was repealed 7-15-2024 by Ord. No. 1578-2024. Prior history includes Ord. No. 517-90.