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A. Issuance Of Notices: In all cases wherein no specific provision is set out in this code defining what are nuisances and how the removal of the same may be effected, abated or prevented, in addition to what is declared to be such herein, those offenses known to the common law of the land as nuisances may, in the event that the same exist within the city or within three (3) miles thereof, be considered and treated as nuisances and proceeded against as in this chapter provided. It shall be the duty of the county board of health, police officers, street commissioner or city superintendent, or a member of the city council, when so required, to notify the author of any nuisance within the city limits or within three (3) miles thereof, either by verbal or written notice, to abate and remove such nuisance, provided such notice shall be required preliminary to the commencement of the prosecution of same. (Ord. 8.00; amd. Ord. 2.32; 2006 Code)
B. Failure To Abate; Filing Of Complaint: If such nuisance is not abated within twenty four (24) hours after the notice aforesaid, then it shall be the duty of the chief of police, police officers or county board of health to forthwith file a complaint under oath, before the city judge, setting forth the facts constituting the nuisance, to abate or remove the nuisance and enforce the provisions and penalties herein contained. (Ord. 8.00; amd. 2006 Code)
In the event that there is any nuisance upon, in or about any unoccupied lot or premises within the jurisdiction of the city, such lot or premises being owned by an unknown or absent person or by a person whom the officers cannot find, the county board of health, chief of police, or police officer may cause such nuisance to be removed or abated, the same to be done at the expense of the owner. If suit for the recovery of costs for abating or removing such nuisance against the owner of the property or authority of the nuisance, the city council may, by proper action and procedure, assess such costs to the property, and such costs shall be lien against the property and collected as a tax. (Ord. 8.00; amd. 2006 Code)
When any nuisance is dangerous to the health or safety of persons or the community, and the continuance thereof is likely to result in expense to the city, and the same is so situated that it may be abated or removed without injury to private property, it shall be the duty of the chief of police, police officers, street commissioner or city superintendent, or county board of health to abate and remove the same without waiting for the conviction of the author thereof from liability as herein provided. (Ord. 8.00; amd. Ord. 2.32; 2006 Code)
Any person found guilty of keeping, maintaining, permitting or allowing any nuisance shall be liable for all costs and expense of abating or removing the same, and such costs and expense shall be taxed as a part of the costs in any prosecution of the party liable therefor upon his conviction thereof. (Ord. 8.00)
A. Judgment; Failure To Abate: When judgment shall be rendered against any person for creating, maintaining, permitting or keeping any nuisance, it shall be the duty of the court rendering judgment to order the defendant to forthwith abate and remove such nuisance within twenty four (24) hours, this penalty to be in addition to other penalties herein provided. And in the event that the defendant fails to remove or abate said nuisance within twenty four (24) hours, said defendant may be adjudged by the city judge to be in contempt of court and may be fined not to exceed fifty dollars ($50.00) or imprisoned not to exceed ten (10) days for such contempt, and it shall be the duty of the police officer, chief of police or county board of health to abate the nuisance and charge the same to the owner of the property or author of the nuisance as herein provided. (Ord. 8.00; amd. 2006 Code)
B. Separate Offense For Each Day: Any person having been found guilty of maintaining, creating, permitting or keeping any nuisance, who shall fail or neglect to remove the same within twenty four (24) hours next after judgment of conviction, shall for each additional twenty four (24) hours thereafter while such nuisance continues, be subject to a like penalty for a separate offense as herein provided. (Ord. 8.00)
C. General Penalty: Every person convicted of an offense under any section or subsection of this chapter shall be punishable as provided in section 1-4-1 of this code. (Ord. 8.00; amd. 2006 Code)