(A) On any recorded lot, whether improved or unimproved and exterior property areas of all premises shall be kept free of any object, material or condition which may create a health, accident or fire hazard, public nuisances or qualified nuisances which adversely affect the value of surrounding properties. Some examples of qualified nuisances are outside storage of seldom moved or immovable vehicles or vehicles without license plates, except for new or used cars customarily stored by automobile dealers, in conspicuous positions where such storage is not part of the business conducted on the premises, trailers and recreational equipment, collections of junk, rubbish, garbage, weeds at a height of six inches or higher, brush, debris, tools and other objectionable materials outside of buildings in all zoning classes in the City, permitting buildings to fall into serious disrepair, including paint requirements when the uncovered wood shows evidence of drying out or similar defects, and similar nuisances.
(B) Prior to taking any action to abate a nuisance, the Building Commissioner or other official investigating or seeking compliance with the provisions hereof shall issue a three-day notice to terminate the nuisance to the owner, occupant, agent or operator of a dwelling or structure. Notices may be served in person, by ordinary mail, or by leaving the notice in a prominent place on the premises. Notices to the owner may be by personal or residence service or by ordinary mail to the tax mailing address.
(C) Whenever the owner, occupant, agent or operator of a dwelling or structure fails, neglects or refuses to comply with a notice to abate a nuisance issued in accordance with the provisions of this Code, and when such dwelling or structure is determined by the Building Commissioner to constitute a public nuisance in that it is injurious to the public health, safety or welfare, the Building Commissioner may request the director of law to prepare legislation stating such determination and authorizing the Mayor or Building Commissioner to enter into a contract for the work necessary to abate the nuisance. The Building Commissioner shall further give notice informing the owner, occupant, agent or operator of such determination and action.
(D) In addition to or in place of taking the action authorized in divisions (B) or (C) of this section, the Building Commissioner may file an affidavit in the Municipal Court for a violation of the prohibition against qualified nuisances. Prior to filing such affidavit, the Building Commissioner or other official investigating or seeking compliance with the provisions hereof shall cause a three-day notice to terminate the nuisance to issue to the owner or the occupant of the premises. Notices to the occupant may be served in person, by ordinary mail, or by leaving the notice in a prominent place on the premises. Notices to the owner may be by personal or residence service or by ordinary mail to the tax mailing address.
(E) Notwithstanding the notice and notice period required in division (A) of this section, if the offender has received a three-day notice for a prior violation of this section, further violations may be enforced without notice upon the complaint of the Building Commissioner or a police officer filed directly with the Municipal Court.
(Ord. 22-2020, passed 7-6-2020)