(A) General nuisances. In addition to proceeding with a civil fine by the Code Enforcement Officer or City Administrator and/or an action in Circuit Court, the City Council may proceed to abate a nuisance as set forth in the following divisions.
(1) Written notice. If a nuisance exists, the City Council directing abatement shall issue a written notice of violation except as provided for in division (A)(2) below.
(2) Serving notice. Notice may be served by personal service, sent by certified mail, or published one time in the official newspaper of the city.
(3) Appeal to Council. Within seven days after service of notice, an appeal may be made to the City Council. The appeal shall be heard before the City Council at its next scheduled meeting. All persons who fail to appear or respond shall be deemed to have waived all objections.
(4) Response to appeal. After hearing the appeal, the City Council may either accept the appeal or uphold the original declaration of nuisance. If the declaration is upheld, a date for completing abatement shall be established by the City Council and be included in their response to the appellant.
(5) Abatement not complete. If abatement is not completed within the time frame established by the City Council, they shall have authority to cause the nuisance to be abated and shall file an account of the expense thereof with the City Finance Officer.
(6) Hearing. At least seven days after filing the account, the City Council shall hold a hearing at their meeting. Notice shall be posted or mailed to the person to whom the charges are to be assessed announcing the time of the City Council meeting and the proposed cost to be assessed.
(7) Lien. The City Council shall hear the matter and, if the account is accepted or if a fine pursuant to § 92.99 remains unpaid, the amount thereof shall become a lien on the property of the violator and may be specially assessed against same as provided by law.
(8) Civil action to recover costs. The City Council shall have the option, in lieu of special assessment, to seek a civil judgment for charges incurred in abating the nuisance.
(B) Other nuisances. No criminal penalty or billing shall be imposed under this division unless the city causes notice to be given to all owners, tenant, or persons in possession of said property.
(1) Lawn maintenance notice. (See § 92.17(O).) Notice shall be given to property owners whose property within said city on which the height of the grass and/or weeds has exceeded six inches. Any grass or weeds that exceed said height shall be removed within 48 hours. The notice need not be given personally but may be given generally through the official newspaper annually. The published notice shall constitute notice as required by division (B) above.
(2) Exception. Property owners with parcels of land that exceed one acre in size may petition the City Council for relief from the requirements of this section. The Council may approve or disapprove the petition and establish other criteria that must be complied with. If the exception is approved, minimum upkeep standards shall require the property, including boulevards, to control noxious weeds and be mowed at least twice a year.
(3) Cleaning sidewalks notice. (See § 92.17(P).) The city shall notify all owners or persons in possession of property abutting on sidewalks to keep such sidewalks free from snow and ice and to remove the same within 72 hours after every fall or accumulation of snow or ice. The notice need not be given personally but may be given generally through the official newspaper annually. The notice shall provide that each owner or person in possession is required to keep the sidewalk in front of the premises free and clear from snow and ice. It shall further provide that if the owner or person in possession fails to remove the snow or ice within 72 hours of the falling or accumulation hereof, the city may cause said snow or ice to be removed and charge the cost to the abutting property.
(4) City may remove. If the owner or person in possession of property fails to abate the nuisance within the time specified, the city may take remedial action to abate the nuisance and to charge the cost thereof against the abated property. A separate charge will be incurred each time this action is initiated.
(5) City’s cost assessed. The City Finance Officer shall cause an account to be kept against each lot for the abatement and shall mail to the owner or occupant a bill for such abatement.
(C) Hearing for approval of assessment. In the event that the bill is not paid within 30 days of billing, the City Finance Officer shall prepare an assessment against such lot or lots for lawn mowing or the removal of snow or ice. The assessment shall be submitted to the City Council for its approval. A notice shall be published in the official newspaper advising the property owner of the time and place the City Council will meet for the purpose of approving such assessment. Such notice shall be published at least one week prior to the date set for said hearing.
(D) Approval of assessment. Upon the day named for the hearing at which the assessment of costs incurred by this city under division (B) above shall be submitted for approval, the City Council shall meet. If they find said assessment to be reasonable and correct, the City Council shall approve the same, with or without modification or amendments, as they may deem proper and file such assessment with the City Finance Officer.
(E) Lien declared. From the date of approval and filing of the assessments made under this section, the same shall be a special lien against the various pieces of property described in said assessment and shall be collected in like manner as special assessments are now collected for public improvements.
(F) Recovery by city. In lieu of spreading the cost of abatement as a special assessment against property under this section, at the discretion of the City Council, said amount may be recovered in a civil action against the owner or occupant of said property.
(G) Liability of offenders. Any person whose duty it shall be to abate these nuisances as provided in this section, in addition to the penalties prescribed for the violation of this subchapter, shall be liable to the city for any damage caused by the neglect.
(H) Penalty for failure to comply with section. Any person, whose duty it is to abate these nuisances as provided in this section within the time prescribed shall, for a violation thereof, be subject to the penalties that may be imposed for a violation of this subchapter in addition to the other penalties described in this section.
(Prior Code, Ch. 5.4) (Ord. 610, passed 5-16-2022) Penalty, see § 92.99