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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)
Any and all costs incurred by the city in the abatement of a nuisance under the provisions of this subchapter shall be assessed against each lot or piece of ground chargeable therewith, as a special assessment or lien as provided by law.
(Prior Code, § 92.11) (Ord. 01-24, passed 4-2-2001; Ord. 09-12, passed 4-20-2009; Ord. 22-02, passed 3-7-2022)
(A) The Mayor, Chief of Police, Chief Building and Code Inspector, or his or her designated representative, are directed to enforce this code against all nuisances. The jurisdiction of the Mayor, Chief of Police or Chief Building and Code Inspector and court shall extend to, and the territorial application of this subchapter shall include, all territory adjacent to the limits of the city within two miles thereof and all territory within the corporate limits.
(B) This jurisdiction shall also extend to all additional areas that are subject to, and in accordance with, any relevant interlocal agreement which has been or may be entered into by the city from time to time.
(Prior Code, § 92.12) (Ord. 01-24, passed 4-2-2001; Ord. 09-12, passed 4-20-2009; Ord. 17-15, passed 8-7-2017; Ord. 22-02, passed 3-7-2022)
HEALTH AND SANITATION
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