A. Prohibition: It shall be unlawful for any person to own or maintain any community decay on or adjacent to any public roadway or alley within the city limits.
B. Definitions:
COMMUNITY DECAY: A public nuisance created by allowing rubble, debris, junk, refuse, fecal or putrid matter to accumulate resulting in conditions that are injurious to health, indecent, offensive to the senses or obstruct the free use of property so as to interfere with the comfortable enjoyment of life or property.
PERSON: An individual, firm, partnership, company, association, corporation, city, town, or any other entity whether organized for profit or not.
PUBLIC NUISANCE: A nuisance which affects, at the same time, an entire community or neighborhood or any considerable number of persons, although the extent of the annoyance or damage inflicted individuals may be unequal.
PUBLIC VIEW: Any point six feet (6') above the surface of the center of any public road from which the community decay can be seen.
C. Powers And Duties Of Agencies: The city council hereby designates and grants to the chief of police, in consultation with the Public Works Director, the following powers and duties:
1. The duty to inspect when there has been a complaint by more than one person that "community decay" is present in the area.
2. The power to formulate further applicable standards by which to enforce this section.
3. The power to determine whether or not this section applies after an inspection of the property or area. The violation must be within public view.
4. The duty to send a written notice of violation to the owner of the property in violation of this section.
5. The power to enter upon the property in violation after written notice and a show cause hearing, if applicable, for the specific purpose of abating the violation.
6. The power to assess the property owner for the actual costs of an abatement made by the city.
D. Notification:
1. When the city receives a complaint by more than one person that a public nuisance has been created by allowing rubble, debris, junk, refuse, fecal or putrid matter to accumulate resulting in conditions that are injurious to health, indecent, offensive to the senses, or obstruct the free use of property, the chief of police, in consultation with the public works director, shall inspect the property alleged to be in violation of this section. Upon inspection, the chief of police shall determine whether there is a violation of this section.
2. If there appears to be a violation of this chapter, the chief of police shall notify the owner of the property in writing of the violation. This notice shall be sent by certified mail. This notice shall include a statement specifically describing the violation.
3. The notice of violation to the owner shall specify that the owner has thirty (30) days from receipt of such notice within which to become in compliance with this section by means of removal or shielding of the conditions.
4. The owner may, after notification of violation, submit a plan of abatement to the chief of police which shall include:
a. Type of abatement;
b. Date of commencement of action; and
c. Reason, if appropriate, why abatement cannot be started within the thirty (30) days. The chief of police may accept such plan and defer further proceedings under this section pending abatement.
5. After thirty (30) days or the date agreed to by the owner and chief of police, not to exceed ninety (90) days, the chief of police shall determine whether the violation has been abated by the owner.
6. If the owner has failed to act, the chief of police shall send a notice setting a date and time for a hearing before the city court notifying the owner to appear to show cause why the violation has not been abated.
7. A show cause hearing will be held by the city court. Both the city and the owner may give evidence. At the end of the hearing the city judge shall determine if proper notification was made and if the violation exists. The owner shall be ordered to abate it within a reasonable time.
8. If after a show cause hearing the owner has not complied with the court ordered abatement, the chief of police may send written notification by certified mail and allow ten (10) days further to complete abatement. Ten (10) days after receipt of notice by owner, the chief of police may enter upon the owner's property with the specific purpose of abating or shielding the violation, whichever the chief of police deems appropriate.
9. The city may assess the property owner/user for the actual costs of the abatement.
10. Nonpayment of the assessment made by the city may be taken as a lien upon the property and is enforceable as are nonpayment of property taxes. (Ord. 186, 7-21-1992)