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§ 92.20 DEFINITION.
   For the purpose of this subchapter, the following definition shall apply unless the context clearly indicates or requires a different meaning.
   SURFACE MINING OPERATIONS.
      (1)   Activities conducted on the surface of lands in connection with a surface mine and surface impacts incident to an underground coal mine, including excavation for the purpose of obtaining coal and including such common methods as contour, strip, auger, extended depth secondary recovery systems, mountaintop removal, box cut, open pit and area mining; the use of explosives and blasting; “in situ” distillation or retorting; leaching or other chemical or physical processing; cleaning, concentrating or other processing or preparation; and the loading of coal at or near the mine site.
      (2)   SURFACE MINING OPERATIONS shall also include the areas upon which such activities occur or where such activities disturb the natural land surface. These areas shall also include any adjacent land the use of which is incidental to any such activities, all lands affected by the construction of new roads or the improvement or use of existing roads to gain access to the site of such activities and for haulage, and excavations, workings, impoundments, dams, ventilation shafts, entryways, refuse banks, dumps, stockpiles, overburden piles, spoil banks, culm banks, tailings, holes or depressions, repair areas, storage areas, processing areas, shipping areas and other areas upon which are sited structures, facilities or other property or materials on the surface resulting from or incident to such activities.
      (3)   This definition includes the terms STRIP MINING of coal and the SURFACE EFFECTS OF UNDERGROUND MINING of coal as used in this subchapter.
(Prior Code, § 92.15) (Ord. A-63, passed 10-6-1984)
§ 92.21 SURFACE MINING OPERATIONS PROHIBITED.
   Surface mining operations within the city limits and any underground mining operations which would also create possible damage to the surface are hereby declared a nuisance and are prohibited. It shall be unlawful for any person to engage in such operations within the city limits or for the owner of any land to permit such operations on any land owned by him or her.
(Prior Code, § 92.16) (Ord. A-63, passed 10-6-1984) Penalty, see § 92.99
FIRE AND HEALTH HAZARDS
§ 92.35 BUILDING ABANDONMENT REQUIREMENT; UNFIT FOR HUMAN HABITATION.
   (A)   For the purpose of this subchapter, a fire and/or health hazard shall be restricted to abandoned dwellings or buildings which have remained unoccupied for a period of six consecutive months and which cause or contribute to an existing or potential fire and/or health hazard to adjacent landowners.
   (B)   The specific factors for determining a fire and/or health hazard shall be the state of construction of the residence or building. Residences or buildings which have been abandoned and which are unfit for human habitation shall be deemed a fire and/or health hazard. A building shall be deemed unfit for human habitation, if it meets the abandonment requirement and if it contains conditions which are dangerous or detrimental to life or health because of want or failure of repair; defects in the drainage, plumbing, lighting, ventilation or construction; a source of infection and/or contagious diseases; or, unsafe and unsanitary conditions likely to cause sickness among occupants or adjacent dwellings and/or buildings; constitute a grave or serious risk of death or injury to persons who come upon the premises; or, which create a fire hazard to adjacent property and landowners.
   (C)   The provisions of this subchapter shall apply equally to outbuildings and fences which are maintained in a dilapidated condition and which are in such state of decay or partial ruin by neglect or misuse as to create a grave risk of death or serious injuries to persons who come in contact with said buildings and/or fences.
(Prior Code, § 92.25) (Ord. passed 12-19-1988)
§ 92.36 ALLOWING THE DEVELOPMENT OF FIRE AND/OR HEALTH HAZARD PROHIBITED.
   It shall be unlawful for an owner, occupant or person having control or management of a building or dwelling located in the city to allow his or her premises to develop as set forth in § 92.35 of this chapter.
(Prior Code, § 92.26) (Ord. passed 12-19-1988) Penalty, see § 92.99
§ 92.37 FILING COMPLAINT; INSPECTION.
   (A)   Any citizen or representative of the city may file a verbal or written complaint with the Mayor and/or City Council member or with the Police or Fire Department.
   (B)   (1)   Upon notice of a complaint, the Chief of Police and the head of the Fire Department or their designated representative will, without entering the premises, conduct a visual inspection of the subject premises.
      (2)   Specifically, the inspectors shall view the dwellings to determine whether or not those dwellings are unfit for human habitation and whether or not the erection, use or maintenance of the dwelling constitutes a dangerous hazard to adjacent landowners, buildings or public use of streets. Any building, house or structure which is so out of repair and dilapidated that it constitutes a fire or health hazard due to lack of adequate maintenance or neglect and as such endangers the public health, welfare or safety, or materially interferes with the peaceful enjoyment of owners of adjacent property as a result of a fire or health hazard, shall be targeted for abatement.
(Prior Code, § 92.27) (Ord. passed 12-19-1988)
§ 92.38 ABATEMENT PROCEDURE.
   (A)   The city does hereby adopt the following abatement procedure to ensure adequate notice to appropriate landowners, so that the landowners may have sufficient time to abate the fire and/or health hazard. Additionally, if the landowner fails to take appropriate action to abate the fire and/or health hazard, this subchapter shall constitute a means for the city to abate the fire and/or health hazard and to attempt to recover the cost of abatement.
   (B)   Once a complaint of fire and/or health hazard under this subchapter has been made and once the visual inspection has been completed by the Chief of Police and head of the Fire Department or their designated representatives has been completed, they shall report to the Mayor and the City Council. If a fire and/or health hazard is found to exist, a written report shall be filed with the City Council. The City Council will review the situation at the next regularly scheduled meeting to determine whether or not further proceedings to abate the fire and/or health hazard are warranted.
   (C)   If the City Council determines that further proceedings are required, the City Attorney shall notify the affected landowner by writing, with personal service of process by the County Sheriff or through certified mail, return receipt requested. The notice must be in writing and must set forth the specific situations which constitute the fire and/or health hazard. Additionally, the letter shall set forth a specific period of time in which the landowner may abate the health and/or fire hazard.
   (D)   Within the time period set for abatement of the health and/or fire hazard, the landowner must notify the Chief of Police and head of the Fire Department and meet with those individuals or their designated representatives to review the efforts at abatement. If the efforts at abatement do, in fact, abate the fire and/or health hazard to the satisfaction of the representatives of the city, then no further action shall be required. If the efforts at abatement have not alleviated the enumerated problems, the landowner shall be given an additional period of time to complete the abatement process to the satisfaction of the city. This additional period of time shall be determined by the nature of the abatement requirement and the circumstances surrounding the specific incident requiring abatement.
   (E)   If the landowner fails to abate the fire and/or health hazard within the time period set within the notice or if the letter is returned to the City Attorney “addressee unknown” or otherwise after having been mailed to the last known address or the address maintained for said property owner with the County Property Evaluation Office, then constructive service of process shall be deemed to have occurred.
   (F)   The failure of abatement shall be reported to the City Council who shall determine by majority vote whether or not the city could undertake abatement of the nuisance. If the City Council determines that abatement is appropriate, then the City Council shall arrange for the building to be prepared and/or demolished and the lot cleaned, as may be deemed appropriate under the specific circumstances.
   (G)   A final report of abatement shall be filed with the city by the parties charged with the responsibility of abatement on behalf of the city.
   (H)   If personal service of process is received upon the landowner and if the landowner fails to voluntarily abate the premises so that the city must complete the process, then the City Council may direct the City Attorney to attempt to recover the cost of abatement in civil court proceedings. If a judgment is obtained against the landowner, said judgment shall constitute a lien for payment of the indebtedness and appropriate civil remedies may be taken to sell the land to satisfy the indebtedness.
(Prior Code, § 92.28) (Ord. passed 12-19-1988)
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