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(a) Any owner, occupant, agent, or person in possession or control of any residence or business or lot or unimproved parcel of real estate shall remove or cause to be removed any waste located on any such residence or place of business or lot or real estate, or any portion thereof. Any unremoved waste is hereby declared to be a public nuisance. Any owner or other person found in violation of this section shall be punished by a penalty of not less than $750.00 and not more than $5,000.00 for each offense and each day that such a violation continues shall constitute a separate and distinct offense. This section shall not apply to any governmental entity nor to any owner upon whose lot or parcel such material is permitted to accumulate pursuant to a properly issued license or permit in accordance with zoning provisions of this Code governing special uses in general and heavy manufacturing districts. For purposes of this section, an “agent” of any unimproved lot shall include a person who contracts with the federal government or any of its agencies, including without limitation the Department of Housing and Urban Development, to care for vacant residential real estate.
(b) In the event that the Commissioner determines that any activity or condition in violation of the provisions of this section has created, or is creating an imminent and substantial risk to the public health or safety or to the environment, then the Commissioner may issue an emergency abatement order, and may require any residence or business or lot or unimproved parcel of real estate to be immediately closed or secured, or may abate the nuisance in accordance with the provisions of Section 11-4-025 of this Code.
(c) If the Commissioner determines that any person is violating any of the provisions of this section, but such violation has not created, or is not creating an imminent and substantial risk to the public health or safety or to the environment, then the Commissioner may provide such person with a written order to abate the nuisance within a time frame prescribed by the Commissioner. In the event that any such person fails to abate such nuisance in accordance with the Commissioner's order to abate, then the Commissioner may proceed to control, remove, dispose or otherwise abate the nuisance in accordance with the provisions of Section 11-4-025 of this Code.
(d) In addition to any other penalties imposed in this article, the City shall be entitled to recover a penalty in the amount up to three times the cost or expense incurred by the City in abating the nuisance in an appropriate action instituted by the Corporation Counsel or in a proceeding initiated by the Commissioner at the Department of Administrative Hearings.
(Added Coun. J. 9-27-07, p. 9208, § 1; Amend Coun. J. 10-11-17, p. 56894, § 2)