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A. Maintain And Keep In Safe Condition; Restrained Entry Required: Any person who holds or owns real property within the city is hereby charged with the duty of keeping and maintaining such property in a reasonably safe condition, and should any property within the city be found to contain any structure, construction or condition which reasonably may be said to be unsafe, unless entry to the property is restrained, the owner or holder thereof may be required to install or erect barriers or fences of a nature suitable to restrain entry to the property.
1. Investigation, Review And Consideration: The city council may, from time to time, investigate, review and consider complaints or reports made to it by any person that any lot or parcel of real property within the city contains a structure, construction or other condition which is unsafe, and that entry to the property should be restrained; and the city council, if convinced that public safety is involved, may, by appropriate resolution, declare any real property which it finds in an unsafe condition to be subject to the provisions of this section, and may prescribe the measures required of the owner to protect the public or reduce, minimize or eliminate the risk.
2. Notice Of Intent Of Adopting Resolution; Service: Before such a resolution is finally passed and adopted, a notice of the intention to finally adopt such a resolution at the next regular council meeting shall be given and served as follows:
a. By regular mail addressed to the owner or person to whom the property is being assessed for tax purposes, and at the address to which assessments for tax purposes are sent;
b. If a person is in residence upon the property, to such person by personal delivery of a copy of the notice to such person;
c. By either of such methods of service if the owner and person in residence are found to be the same person or of the same household.
C. Resolution: Such resolution shall describe the property and describe the unsafe condition found and set forth the general specifications of any barrier or fence prescribed as a method of restraining entry to the property. Such resolution shall also state a time after which penalty prescribed for violation of this section will be invoked in the event the owner of the property refuses, fails or neglects to install the barrier or fence specified. (1975 Code § 7-1-2)
D. Failure To Comply: Any person who fails, neglects or refuses to provide, install or erect a barrier or fence to restrain entry upon the property where an unsafe condition remains in existence after notice given, resolution finally adopted, and time granted for installation having expired, shall be deemed to have violated the provisions of this section; and every separate day of violation, including the first day of violation, shall be treated and considered as a separate and new offense against provisions of this section. Every such offense against the provisions of this section shall be punishable by a fine as provided in section 1-4-2 of this code. (1975 Code § 7-1-2; amd. 2015 Code)