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The owner and/or occupant of any premises shall be liable for compliance with this chapter, and if such person shall disregard or refuse to comply with the provisions of this chapter, within five (5) days of the receipt of such notice requiring the removal of the offending item(s), shall be considered in violation of this chapter and issued a citation in accordance with section 3-1-6 of this chapter. (Ord. 2017-007, 7-18-2017; amd. Ord. 2019-004, 8-6-2019)
In the event the owner, agent or occupant fails to comply with the written notice within (5) five days, or if the owner, agent or occupant receives a second written notice for the same or similar offense as specified in section 3-1-5 of this chapter within any three hundred sixty five (365) day period, the owner, agent or occupant shall be charged with violating this chapter by issuance of a citation for a misdemeanor and penalty of the minimum fine and court costs as set forth in section 3-1-8A. of this chapter. (Ord. 2017-007, 7-18-2017; amd. Ord. 2019-004, 8-6-2019; Ord. 2020-003, 4-21-2020)
In the event the property owner is convicted of violating this chapter, an order to abate a nuisance shall be issued, in writing, and shall specify the location and nature of the nuisance and the identity of the property owner or occupant. The order shall specify the time within which the nuisance must be abated. If the property owner cannot be found or refuses to accept service of the order, the order may be served by posting it upon the subject property. (Ord. 02-10-003, 1-2-2002)
A. Misdemeanor: Any person convicted of violation of this chapter is guilty of a misdemeanor which is punishable by a maximum possible fine of seven hundred fifty dollars ($750.00) and ten dollars ($10.00) court costs, with a minimum fine of three hundred dollars ($300.00).
B. Civil Contempt: If the property owner fails to comply with an order of abatement, the court may also assess a fine for civil contempt in an amount of not more than two hundred dollars ($200.00) per day of noncompliance (whether the nuisance was abated by the property owner after the time limits expired, or remains unabated) for each day that the nuisance continued unabated after the time limits specified in the order of abatement until the removal was completed.
C. Costs Of Abatement: In the event the Municipality seeks the imposition of fees for the costs of abatement, a copy of the petition shall be served upon the property owner by ordinary mail and a hearing date set to determine the appropriate amount of fines or charges. (Ord. 02-10-003, 1-2-2002; amd. Ord. 2020-003, 4-21-2020)
A. Order Constitutes A Lien: Upon final disposition of the case, if any costs or fines are outstanding, the Municipal Court shall enter an order, in writing, specifying the amount of costs charged and the amount of any fines imposed, which order shall be signed by the Municipal Judge. The order shall further contain a legal description of the subject property and shall provide that the amount of costs and fines of the order, along with interest at the rate of ten percent (10%) per annum, shall constitute a lien against the property in favor of the Town and a copy of the order shall be filed with the Platte County Clerk in the real estate records maintained in that office.
B. Release Of Lien: Release of said lien shall be provided to the property owner upon payment in full of the costs, fines, and interest. The property owner shall be responsible for filing the release with the Platte County Clerk. (Ord. 02-10-003, 1-2-2002)
Nothing in this chapter shall be deemed in any way to reduce or diminish the powers of the Town to regulate nuisances and take other action in respect to the protection of the health, safety, and welfare in general of the citizens of the Town. (Ord. 02-10-003, 1-2-2002)