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For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
CODE ENFORCEMENT OFFICIAL. As used in this subchapter shall be the city’s Chief Building and Code Official and/or his or her designated representative.
EXCAVATION. Any activity in which earth, rock or other material in or on the ground is moved or otherwise displaced by means of tools, equipment or explosives and shall include grading, trenching, digging, ditching, drilling, augering, tunneling, scraping and cable or pipe plowing or driving but shall not include:
(1) Normal maintenance of roads if the maintenance does not change the original road grade and does not involve the road ditch;
(2) Tilling of soil and gardening for seeding and other agricultural purposes;
(3) Digging of graves or in landfills in planned locations;
(4) Maintenance or rebuilding of railroad track or facilities located on a railroad right-of-way by the railroad company or its contractors when such maintenance or rebuilding does not change the track grade; or
(5) Hand digging around the base of a pole for pole inspection as part of suitable barriers, and which are not marked by warning lights during the hours of darkness.
NUISANCE. Any condition which:
(1) Injures or endangers the health, safety or welfare of the public;
(2) Unlawfully interferes with, obstructs or tends to obstruct, or renders dangerous for passage, any public or private street, highway, sidewalk, stream, ditch or drainage way;
(3) By reason of lack of sufficient or adequate maintenance of the property, and/or being vacant, any of which depreciates the enjoyment and 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 condition exists;
(4) By reason of being a fire hazard, as determined by the State Fire Marshal or the designated representative;
(5) By reason of being unsafe for occupancy, for use on, in, upon, about or around the aforesaid property, as determined by the City Building Inspector or City Engineer;
(6) By reason of deterioration or decay becomes rodent infested, or which becomes a place frequented by trespassers and transients seeking a temporary shelter or hideout;
(7) Maintaining a NUISANCE by act or by failure to perform a legal duty, intentionally causing or permitting a NUISANCE to exist;
(8) Permitting a NUISANCE to exist is knowingly permitting lots, parcels or pieces of real property under the control of the offender, including the streets and alleys in front of and abutting such lots and pieces of land to be used or allowed to remain in such condition as to allow a NUISANCE condition to exist; or
(9) No person shall permit land to be covered with or contain refuse or debris resulting from the construction activities or the demolishing of a building, which refuse or debris has remained on the land for more than:
(a) Thirty days after the completion of the construction activities or demolition work; or
(b) Six months after the permit for such activity or work was granted, whichever is soonest.
PERSON IN CHARGE OF PROPERTY. An agent, occupant, lessee, contract purchaser or other person having possession or control of property or the supervision of any construction project.
PERSON RESPONSIBLE FOR ABATING NUISANCE.
(1) The owner;
(2) The person in charge of the property; or
(3) The person who caused to come into or continue in existence a nuisance, as defined in this section, or another ordinance of this city.
PUBLIC PLACE. A building, way, place or accommodation, whether publicly- or privately-owned, open and available to the general public.
SCRAPPING. Continuous receiving, collecting, reprocessing and/ or storing old, broken, damaged, discarded or scrap copper, brass dismantled or wrecked automobiles, or parts thereof, iron, steel or other old scrap, ferrous or nonferrous material and metal scraps, including aluminum scraps, metals, used bicycles or household appliances, for the purpose of storing, selling, trading or dealing in scrap.
(Prior Code, § 92.02) (Ord. 01-24, passed 4-2-2001; Ord. 09-12, passed 4-20-2009; Ord. 22-02, passed 3-7-2022; Ord. 23-04, passed 6-19-2023)
The maintaining or permitting to be or remain on any public or private property of any of the following conditions is hereby declared to be and constitute a nuisance; provided, however, this enumeration shall not be deemed or construed to be conclusive, limiting or restrictive:
(A) Weeds and noxious vegetation when such growth reaches 12 inches in height;
(B) Placement, storage or accumulation of garbage, rubbish, trash, refuse, junk and other materials, metals, plumbing fixtures, appliances, auto parts, junked, wrecked or inoperative vehicles, lumber or other litter and furniture, stuffed furniture, clothing or other household items which creates an unsightly appearance. This section applies without limitation to all areas of land within the corporate city limits zoned for residential purposes and whether or not the building, land or property is occupied by human beings;
(C) Any condition which provides harborage for rats, mice and other vermin;
(D) All disagreeable or noxious odors and stenches, as well as the conditions, substances or other causes which give rise to the emission or generation of such odors and stenches, to include, but not be limited to, unwholesome grain, meat, hides, skins, feathers, vegetable matter or the whole or any part of any dead animal, fowl or fish;
(E) Privies, vaults, cesspools, dumps, pits or like places which are not securely protected from flies or rats, or which are foul or malodorous;
(F) The pollution of any public well or cistern, stream, lake, canal or body of water by sewage, dead animals, industrial wastes or other substances which are injurious to overland flow or groundwater;
(G) Any activity, operation or condition which, after being ordered abated, corrected or discontinued by a lawful order of any agency or officer of the city, continues to be conducted or continues to exist in violation of any title of this code, any regulation enacted pursuant to this code, any statute of the state or any violation of federal law;
(H) Any accumulation of stagnant water permitted or maintained on any lot or piece of ground;
(I) Any vacant or unoccupied structure, which is not secured or is in a condition which allows access by any person;
(J) Attractive nuisances, which include:
(1) Unguarded machinery, equipment or other devices which are attractive, dangerous and accessible to children;
(2) Lumber, logs or pilings placed or stored in a manner so as to be attractive, dangerous and accessible to children;
(3) Open pit, quarry, cistern or other excavation without safeguards or barriers to prevent such places from being used by children;
(4) Construction projects will have appropriate safeguards in place to prevent injury or death to playing children; and
(5) It shall be unlawful for any owner, agent or contractor in charge of a construction or demolition site to permit the accumulation of litter or the growth of grass or weeds in excess of 12 inches before, during or immediately following completion of any construction or demolition project. It shall be the duty of the owner, agent or contractor in charge of a construction site to furnish containers adequate to accommodate flyable or non-flyable debris or trash at areas convenient to construction areas and to maintain and empty the receptacles in such a manner and with such a frequency as to prevent spillage.
(K) Dangerous excavations, which are not guarded by suitable barriers and which are not marked during the hours of darkness;
(L) Graffiti, which shall mean any unauthorized writing, inscription, word, figure or design which is marked, etched, scratched, drawn or painted on any structural component of any building, structure or other facility, regardless of the nature of the material used in its application or upon which it is applied; and
(M) Stockyards, granaries, mills, pig pens, cattle pens, chicken pens or any other place, building or enclosure, in which animals or fowl of any kind are confined or on which are stored tankage or any other animal or vegetable matter or on which any animal or vegetable matter, including grain, is being processed, when the places in which animals are confined, or said premises on which the vegetable or animal matter is located, are maintained and kept in such a manner that foul and noxious odors are permitted to emanate therefrom, to the annoyance of inhabitants of the city, or are maintained and kept in such a manner as to be injurious to the public health.
(N) The practice of scrapping by the continuous receiving, storing, reprocessing and/ or collecting of old, broken, damaged, discarded or scrap copper, brass, dismantled or wrecked automobiles, or parts thereof, iron, steel or other old scrap, ferrous or nonferrous material and metal scraps, including aluminum scraps, metals, used bicycles or household appliances in any Residential Zoning District is unsightly, unhealthy and constitutes a nuisance to the citizens and residents of the city.
(Prior Code, § 92.03) (Ord. 01-24, passed 4-2-2001; Ord. 09-12, passed 4-20-2009; Ord. 22-02, passed 3-7-2022; Ord. 23-04, passed 6-19-2023)
In addition to the acts and conditions specifically enumerated in this subchapter, any condition, thing, substance or activity which is detrimental to, injurious to or constitutes a danger to the public health, safety or welfare is declared to be a nuisance and is subject to the abatement procedures set forth in this subchapter. A condition, thing, substance or activity declared to be a nuisance by another ordinance of this city is subject to the abatement procedures of this subchapter, if no abatement procedures are provided by such ordinance.
(Prior Code, § 92.04) (Ord. 01-24, passed 4-2-2001; Ord. 09-12, passed 4-20-2009; Ord. 22-02, passed 3-7-2022)
No person, firm, corporation, partnership or other business entity shall knowingly or unknowingly maintain or permit a nuisance to exist.
(Prior Code, § 92.05) (Ord. 01-24, passed 4-2-2001; Ord. 09-12, passed 4-20-2009; Ord. 22-02, passed 3-7-2022) Penalty, see § 92.99
The Chief of Police, a sworn police officer, the Chief Building and Code Inspector or a Code Enforcement Official shall have the authority and power to enforce all provisions of this chapter; and, it shall be his, her or their duty to inspect and examine at any and all times all buildings, lots, parcels or pieces of real property within the city for the purposes of determining the conditions which may affect the public health, safety and welfare as a nuisance.
(Prior Code, § 92.06) (Ord. 01-24, passed 4-2-2001; Ord. 09-12, passed 4-20-2009; Ord. 22-02, passed 3-7-2022)
(A) Contents. The violation notice shall contain:
(1) An order to abate the nuisance within ten calendar days of the date of delivery, or attempted delivery, of the violation notice or request a hearing within ten calendar days of the date of the violation notice. A list of persons to contact shall be included;
(2) The location of the nuisance, if such nuisance is stationary;
(3) A description of what constitutes the nuisance;
(4) A statement of acts necessary to abate the nuisance;
(5) A statement that if the nuisance is not abated as directed and no request for hearing is made within ten calendar days of the date of the violation notice, the person to whom such notice was made shall be deemed guilty of a misdemeanor and every 24 hours thereafter will be considered a separate offense;
(6) A statement that if the nuisance is not abated as directed and no request for hearing is made within ten calendar days of the date of the violation notice, the city shall seek the remedy of an administrative penalty of $50 per day;
(7) A statement that the administrative penalty will continue to accrue for each day the nuisance continues to exist for a period not to exceed ten calendar days;
(8) A statement that the owner, occupant or agent may stop the accrual of the administrative penalty by abating the nuisance and advising the Chief Building and Code Inspector, or his or her designated representative, of the abatement. A list of persons to contact shall be included;
(9) A statement that if the nuisance is not abated following the administrative penalty period, the city will seek the remedy of prosecution and enforcement for failure to comply with the administrative order and for maintaining a nuisance under this subchapter and will abate such nuisance and assess the cost thereof against the property and pursue any other remedies available. The fee will be as set by resolution;
(10) Service on nonresidents or absentee owners shall be made by posting a copy of the notice of abatement letter on the property involved and publishing a legal notice in the local newspaper no longer than ten days nor less than one day prior to the proposed date of abatement; and
(11) Absentee landowners, to include firms, corporations or businesses, are required to designate to the Chief Building and Code Inspector, or his or her designated representative(s), a curator to facilitate enforcement of nuisance violations.
(B) Service. The violation notice may be served personally on the owner, occupant or agent of the real property or may be served by certified mail upon the owner, occupant or the owner or occupant’s designee. If notice by personal service or certified mail is unsuccessful, notice shall be given by either publication in a newspaper of general circulation in the city or by posting the notice on the lot or ground upon which the nuisance is to be abated and removed. Further, when the nuisance violation relates to improvements such as buildings or structures, the notice shall also be posted on the building or structure. When service is accomplished by posting, the Chief Building and Code Inspector may complete said service himself or herself or may have a city police officer do so.
(Prior Code, § 92.07) (Ord. 01-24, passed 4-2-2001; Ord. 09-12, passed 4-20-2009; Ord. 22-02, passed 3-7-2022)
(A) For purposes of this subchapter, the city shall designate an administrative hearing officer who shall have the duty and authority to enter such administrative orders as are necessary to the enforcement of this subchapter. The City Administrator is designated as the administrative hearing officer.
(B) The administrative hearing officer, upon the request of the Chief of Police, Chief Building and Code Inspector, or his or her designated representative, shall review the violation notice and all relevant information. If the hearing officer determines after such review that a nuisance condition exists and no request for a hearing has been made by the owner, occupant or agent, and the nuisance condition remains unabated, then the hearing officer may enter an administrative order. The administrative order shall contain: A finding of whether the city properly sent notice to the owner, occupant or agent in accordance with provisions herein; a finding of the nuisance conditions which exist; and the failure of the owner, occupant or agent to abate or otherwise remove the nuisance conditions.
(C) (1) If the owner, occupant or agent requests a hearing within ten calendar days of the date of the violation notice, the administrative hearing officer shall schedule a hearing within three working days of receipt of the hearing request. Written notice of the hearing date and time shall be provided to the owner. At the hearing, the owner, occupant or agent shall be given the opportunity to present information relevant to the violation notice.
(2) The Chief Building and Code Inspector, or his or her designated representative, also shall be given the opportunity to present information relevant to the violation notice. The hearing may be continued to a later time in exceptional cases where additional information is needed, as determined by the hearing officer. After all information has been offered, the hearing officer shall render a written decision within five calendar days.
(D) The administrative hearing officer may modify an order, including the administrative penalty in cases of undue hardship or in cases presenting extenuating or mitigating circumstances.
(E) It shall be unlawful for any person to whom an administrative order is issued to fail to comply with the provisions of the administrative order.
(F) The administrative hearing officer shall provide the option of daytime or evening administrative hearing times.
(Prior Code, § 92.08) (Ord. 01-24, passed 4-2-2001; Ord. 09-12, passed 4-20-2009; Ord. 22-02, passed 3-7-2022) Penalty, see § 92.99
(A) (1) If the person on whom notice to abate a nuisance was served pursuant to the provisions of this subchapter fails to abate the nuisance, the Chief of Police, Chief Building and Code Inspector, or his or her designated representative, shall proceed to abate such nuisance and shall prepare a statement of costs incurred in the abatement thereof to the City Council. Thereafter, the costs of abatement, including the cost of providing notice thereof shall be added to the property tax as a special assessment or shall be filed with the Register of Deeds as a lien against the property as provided by law.
(2) In addition, the Chief of Police, or designee, may seek the remedy of enforcement and prosecution as provided for in this subchapter. Each day the property remains in violation of this subchapter shall be deemed a separate offense and multiple offenses may be charged in the same complaint.
(B) The abatement of a nuisance under the direction of the Chief Building and Code Inspector shall not be a defense or excuse to the owner, occupant or agent of property for not conforming with this subchapter.
(C) The procedure provided by this section is not exclusive, but is in addition to procedures provided by other ordinances, and the Chief Building and Code Inspector, or his or her designated representative, may proceed summarily and without following the procedure set forth in this section, to abate a health, safety or other condition that constitutes, in the opinion of the Chief Building and Code Inspector, or his or her designated representative, an immediate and grave hazard to public health and safety requiring immediate action.
(Prior Code, § 92.09) (Ord. 01-24, passed 4-2-2001; Ord. 09-12, passed 4-20-2009; Ord. 22-02, passed 3-7-2022) Penalty, see § 92.99
Charges filed under this subchapter may be dismissed by the court if at trial the defendant proves by a preponderance of the evidence that the nuisance then existing had been satisfactorily abated no more than ten calendar days after the defendant received the citation of the nuisance.
(Prior Code, § 92.10) (Ord. 01-24, passed 4-2-2001; Ord. 09-12, passed 4-20-2009; Ord. 22-02, passed 3-7-2022)
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