(A) Notice of violation; removal. It is unlawful for a person to permit a public nuisance to remain on any premises owned or possessed by that person as follows:
(1) A public nuisance as defined in § 97.50. The city may order that the tree, trees, or any part thereof be removed by the property owner or any person who may be in possession or who has the right to possess such property, pursuant to the nuisance abatement procedure herein.
(2) A public nuisance as defined in § 97.50. The city may order that the grass or weeds be cut or removed and the violation be corrected by the property owner or any person who may be in possession or who has the right to possess such property, pursuant to the nuisance abatement procedure herein.
(B) Abatement procedure.
(1) Abatement by city. If the owner, occupant, or other responsible party does not abate the public nuisance within the time specified by the city, the city may abate or contract the abatement of the public nuisance and recover the costs in accordance with this chapter.
(2) Notice and Hearing. Whenever it is determined that a public nuisance is being maintained or exists on a property, the City Manager must give written notice through service by regular or certified mail, by posting a notice on the property, or by personal delivery to the owner of or person in control of the property on which the public nuisance is located. When the property is occupied, service upon the occupant is deemed service upon the owner. Where the property is unoccupied or abandoned, service may be by regular or certified mail to the last known owner of record of the property or by posting on the property. The notice must provide:
(a) A description of the public nuisance;
(b) A public nuisance as defined in § 97.50, grass or weed maintenance and control, must be corrected within seven days of the service of the notice, or
(c) A public nuisance as defined in § 97.50, tree maintenance, must be corrected within 20 days of the service of the notice;
(d) That if the public nuisance is not properly removed or corrected as ordered, the public nuisance will be abated by the city and the costs of abatement will be specially assessed to the property;
(e) That the owner of or person in control of the property on which the public nuisance is located may in writing request a hearing before the City Manager.
(3) Hearing; action. If a hearing is requested during either the 7-day or 20-day period as required by the notice, the City Manager must promptly schedule the hearing, and no further action on the abatement of the public nuisance may be taken until a decision is rendered. After the scheduled hearing, the City Manager may cancel the notice to remove or correct the public nuisance, modify the notice, or affirm the notice to remove or correct the public nuisance. If the notice is modified or affirmed, the public nuisance must be disposed of in accordance with the city's written order.
(4) Summary abatement. Prior to summary abatement, a reasonable attempt must be made to notify the owner, occupant, or other responsible party of the intended action and the right to appeal the abatement and cost recovery at the next regularly scheduled City Council meeting. The City Manager may provide for abating a public nuisance without following the procedure required in division (B) when:
(a) There is an immediate threat to the public health or safety;
(b) There is an immediate threat of serious property damage; or
(c) A public nuisance has been caused by private parties on public property.
(5) Cost recovery. The owner of the property on which a nuisance has been abated by the city, is personally liable to the city for the cost of the abatement, including administrative costs. As soon as the work has been completed and the cost determined, an appropriate official will prepare a bill for the cost and mail it to the owner or other responsible party. The amount is immediately due and payable to the city.
(6) Assessment. If the cost, or any portion of it, has not been paid within 30 days after the date of the bill, the council may certify the unpaid cost against the property to which the cost is attributable in accordance with the process set forth in § 94.07 of this Code.
(C) Penalties.
(1) Any violation of this chapter is a misdemeanor, punishable in accordance with state law.
(2) Any violation of this chapter may be subject to civil penalties in accordance with Chapter 37 of the city code.
(3) This chapter is not intended to prohibit a private property owner from seeking additional penalties or remedies.
(Ord. 2002-973, passed 5-28-02; Am. Ord. 2014-1170, passed 5-27-14)