The city’s Administrative Officer is authorized to cause property within the city to be cleaned of trash and weeds, or grass to be cut or mowed, and the nuisance to be abated in accordance with the following procedure.
(A) The city’s Administrative Officer or his or her designee may determine whether the accumulation of trash, growth of weeds or grass or other nuisance has caused the property to become detrimental to the health, benefit or welfare of the public and the community or a hazard to traffic, or creates a fire hazard to the danger of the property.
(B) At least ten days’ notice shall be given to the property owner and/or occupant of the property. Said notice may be given by posting the property by use of a door hanger or other such notice, if occupied, and by mail at the address shown by the current year’s tax rolls in the County Treasurer’s office by both certified and first-class mail to the owner of the property. The notice shall order the property owner and/or occupant to clean the property of trash or to cut or mow the weeds or grass on the property, as appropriate. The notice shall state that unless the work is performed within ten days of the date of the notice, the work shall be done by the city and a notice of lien shall be filed with the County Clerk against the property for the costs due and owing the city.
(C) At the time of mailing of notice to the property owner, the city shall obtain a receipt of mailing from the postal service, which receipt shall indicate the date of mailing and the name and address of the addressee.
(D) (1) If the city anticipates summary abatement of a nuisance in accordance with the provisions as herein provided, then the notice shall state: that any accumulations of trash or excessive weeds or grass growth on the owner’s property occurring within six months after the removal of trash or the cutting or mowing of weeds or grass on the property pursuant to the notice may be summarily abated by the city, that the costs of such abatement shall be assessed against the owner and that a lien shall be imposed on the property to secure such payment, all without further notice to the property owner.
(2) At the time of each summary abatement, the City Clerk shall notify the property owner of the abatement and costs thereof. That notice shall state that the property owner may request a hearing within ten days after the date of the notice to determine the cost of the cleanup. Unless otherwise determined at the hearing, the cost of such abatement shall be determined and collected as provided in this section.
(E) The owner of the property may give his or her written consent to the city authorizing the removal of the trash or the mowing of the weeds or grass. By giving his or her written consent, the owner waives his or her right to a hearing by the city.
(F) A hearing may be held by the Administrative Officer to determine whether the accumulation of trash or the growth of weeds or grass has caused the property to become detrimental to the health, benefit or welfare of the public and the community, or a hazard to traffic, or creates a fire hazard to the danger of property. The property owner shall have a right of appeal to the city’s Administrative Officer, except that if the city’s Administrative Officer conducts the initial hearing, then the right of appeal is to the City Council. The appeal shall be taken by filing a written notice of appeal with the city’s Administrative Officer within ten days after the administrative order is rendered.
(G) (1) If the Administrative Officer finds that the condition of the property constitutes a detriment or hazard and that the property would be benefitted by the removal of such conditions, then the Administrative Officer shall direct that the clearing or cleaning be done by one of the following methods:
(a) By the city, provided the actual cost of the labor, maintenance and equipment required does not exceed $500; or
(b) On a private contract basis, in which case it shall be awarded to the lowest and best bidder.
(2) The agents of the city are granted the right of entry on the property for the removal of trash, mowing of weeds or grass or cleaning and performance of necessary duties as a governmental function of the city. Immediately following the cleaning or mowing of the property, the City Clerk shall file a notice of lien with the County Clerk describing the property and the work performed by the city and stating that the city claims a lien on the property for the cleaning and mowing costs, and that such costs are the personal obligation of the property owner from and after the date of filing of the notice.
(H) After the property has been cleaned, the Administrative Officer shall determine the actual cost of such cleaning and of any other expenses as may be necessary in connection therewith, including the cost of the notice and mailing. The City Clerk shall forward by mail to the property owner specified in this section a statement of the actual cost and demanding payment.
(I) If payment is not made within 30 days from the date of the mailing of the statement, the City Clerk shall forward a certified statement of the amount of the cost to the County Treasurer of the county in which the property is located, and the same shall be levied on the property and collected by the County Treasurer as other taxes authorized by law. The cost and the interest thereon shall be a lien against the property from the date the cost is certified to the County Treasurer and shall continue until the cost shall be fully paid.
(J) At any time prior to the collection as provided herein, the city may pursue any civil remedy for collection of the amount owing and the interest thereon. Upon receiving payment, if any, the City Treasurer shall forward to the County Treasurer a notice of such payment and directing discharge of the lien or part thereof.
(K) The provisions of this section shall not apply to any property used for agricultural purposes unless said property is determined by the Administrative Officer to pose a health or safety hazard to adjoining landowners and property.
(Ord. 2018-02, passed 9-10-2018) Penalty, see § 10.99