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(A)
The purpose of this chapter is to protect the public health, safety, and welfare by enactment of provisions which:
(1) Determine the responsibilities of owners and operators of dwellings and property for correction of nuisance conditions.
(2) Provide remedies to eliminate public nuisances.
(3) Provide for administration, enforcement, and penalties.
(4) Promote the stabilization and maintenance of neighborhoods.
(B) Unless otherwise specified in the City Code, the abatement processes in this subchapter are to be used to abate and resolve nuisance conditions within the city.
(Ord. 21-08, passed 11-8-2021; Ord. 22-07, passed 9-26-2022)
For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
ENFORCEMENT OFFICER. All persons appointed as enforcement personnel or acting as inspectors for the city or any other city employee designated by the City Administrator to enforce the provisions of the City Code.
INTERESTED PARTY. Any owner of record, occupying tenant, or lien holder of record.
LAST KNOWN ADDRESS. The address shown on the records of Clay County or a more recent address know to the enforcement officer. In the case of parties not listed in these records, the last known address shall be that address obtained by the enforcement officer after a reasonable search.
MAIL. Service by mail shall mean by depositing the item with the United States Postal Service addressed to the intended recipient at his or her last known address with first class postage prepaid thereon.
OWNER. Those shown to be owner or owners on the records of Clay County.
PERSONAL SERVICE. Service by personally handing a copy to the intended recipient or by leaving a copy at the intended recipient's residence or place of business with a person of suitable age and discretion.
RESPONSIBLE PARTY. Any one or more of the following: agent; assignee or collector of rents; holder of a contract for deed; a mortgagee or vendee in possession; receiver of executer or trustee; lessee; those known to the enforcement officer as having an ownership interest; or other person, firm, or corporation exercising apparent control over a property.
(Ord. 21-08, passed 11-8-2021; Ord. 22-07, passed 9-26-2022)
Upon the request of the enforcement officer, a responsible party or owner shall disclose the name of any other responsible party or owner known to them. This shall include, but not be limited to, the person for whom they are acting, from whom they are leasing the property, to whom they are leasing the property, with whom they share joint ownership, or with whom they have any contact pertaining to the property.
Penalty, see § 94.999
(A)
The enforcement officer shall be authorized to enter any property or structure in the city for the purpose of enforcing and assuring compliance with the provisions of this subchapter. An owner or responsible party shall, upon the request of the enforcement officer, provide access to all interior portions of a building in order to permit the officer to make a complete inspection.
(B) Failure to allow the enforcement officer full access to the property and structure is a violation of this subchapter for which the person or persons refusing access may be cited.
(Ord. 21-08, passed 11-8-2021)
Penalty, see § 94.999
When service of an order or notice is required, any one or more of the following methods of service shall be adequate:
(A) By personal service;
(B) By certified mail, through the U.S. Postal Service;
(C) By U.S. Mail, unless it is a written order which gives three days or less for the completion of any act it requires;
(D) If the appropriate party or address cannot be determined after reasonable effort, by posting a copy of the order in a conspicuous place on the property; or
(E) If a mailed order or notice is returned by the U.S. Postal Service, a good faith effort shall be made to determine the correct address, unless the order or notice orders abatement and that abatement has been completed.
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