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A. Applicability: The procedures set forth in this section shall apply to general nuisances.
B. General Nuisance Unlawful: It shall be unlawful for any owner, occupant, user, or person in charge or control of any property to create, cause, commit, maintain, or allow the existence of any general nuisance on such property, or upon any street, sidewalk or public right-of-way abutting such property including the area behind curbs, sidewalks, parking areas, and property to the center of alleys and ditches. Further, it shall be unlawful for any person to create, cause, allow, or commit any nuisance upon any public property, right- of-way, or infrastructure, including sidewalks, streets, gutters, or storm drains.
C. Criminal Penalties: Any person who causes, creates, or allows the existence of any general nuisance shall be guilty of a misdemeanor. Each and every day in which any such violation shall continue shall be deemed a separate offense. Peace Officers, Code Enforcement Officers, and the Zoning Administrator shall have the authority to issue uniform citations to violators of this section. Issuance of notice of violation and order to abate shall not be a mandatory prerequisite to issuance of a uniform citation under this section.
D. Civil Penalties: In addition to any other penalties described in this section, the City may also take civil action to obtain an order mandating the abatement of such general nuisance and ongoing maintenance of such property free from nuisance, and/or to recover any and all costs of enforcement, litigation, and/or prosecution including, but not limited to, attorney fees and court costs.
E. Summary Abatement: Nothing contained herein shall prevent a Peace Officer, Code Enforcement Officer, and/or the Zoning Administrator from requiring, undertaking, or causing summary abatement of a general nuisance condition where such condition presents an imminent or ongoing threat to or impairment of human health or safety. (Ord. 784, 9-26-2017)