(a) A recreational aquatic spray ground is hereby declared to be a nuisance if:
(1) The technical standards mandated by § 16-503 are not met;
(2) Water at the RASG is not maintained so as to prevent the breeding or harborage of insects;
(3) Water at the RASG emits an odor that is foul and offensive to a person of reasonable sensibilities;
(4) The RASG is not maintained so as to prevent the breeding or harborage of vermin; or
(5) The RASG is not maintained in compliance with this article.
(b) The director may give notice to immediately abate, remove or otherwise remedy a nuisance under this section to the owner of the property on which the nuisance is located.
(c) The notice must be in writing and served:
(1) By personal delivery to the owner, operator or manager;
(2) By certified mail, return receipt requested, to the last known mailing address for the owner, operator or manager; or
(3) If neither personal nor certified mail service is possible:
a. By publication in the official newspaper of the city at least twice within ten consecutive days;
b. By posting the notice on or near the front door of each building on the property to which the violation relates; or
c. By posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates, if the property contains no buildings.
(d) If the recreational aquatic spray ground has a valid or suspended permit issued pursuant to this article, and the permit holder is not the same person as the owner of the property, notice shall also be given to the permit holder.
(e) If the property owner does not comply with the notice within ten days of service, the director may enter the property containing the nuisance and do any work necessary to abate the nuisance.
(f) If the immediate abatement of the nuisance is deemed necessary by the director to protect the health, safety or welfare of the public from an imminent hazard, the director may, without complying with the notice provisions of this section, enter the property containing the nuisance and do or cause to be done any work necessary to abate the nuisance.
(g) All costs incurred by the city to abate a nuisance, including the cost of giving notice as required, shall initially be paid by the city and charged to the owner of the property. The city may assess the expenses against the real estate on which the work was done.
(h) To obtain a lien against the property, the director shall file a statement of expenses with the county clerk for the county in which the property is located. The lien shall be security for the costs incurred and interest accruing at the rate of 10% per annum on the amount due from the date of payment by the city.
(i) The lien is inferior only to:
(1) Tax liens; and
(2) Liens for street improvements.
(j) The remedy provided by this section is in addition to all other remedies available under this article or elsewhere.
(Ord. 18521-03-2009, § 2, passed 3-31-2009)