A. Upon receiving the report provided for in section 8-103 of this chapter, or upon receipt of equivalent information from any reliable source, the city manager shall cause the notices prescribed herein to be given. If any of the conditions specified in section 8-103 of this chapter exist upon the property, the notice shall order the property to be cleaned of trash or order trash or weeds to be cut, removed or destroyed unless within ten (10) days from the date of mailing the notice.
B. The notice shall state the time and place of a hearing to be held by the administrative board (to be appointed by the city council) for the purpose of determining if the premises, by reason of the conditions specified, are detrimental to the health and welfare of the public and the community, or a hazard to traffic, or a fire hazard. The hearing shall be held at least ten (10) days from the date of mailing the notice or from the date of publication or posting as required below, whichever date affords the greater notice, unless the owner or occupant either:
1. Cuts, removes or destroys the trash or weeds in accordance with the notice; or
2. Gives consent authorizing the city to abate the trash or weeds, thereby waiving his right to a hearing.
C. The written notice required herein shall be forwarded by mail and a receipt of mailing obtained from the postal service indicating the date of mailing and the name and address of the mailee. Notice shall be posted upon the property in violation and notice shall be mailed to the owner of the property at the address shown by the current year's tax records in the office of the treasurer of the county in which the property is located, not less than ten (10) days prior to the date of the hearing.
D. The city manager, or his designee, is hereby authorized to carry out the provisions of this section and applicable state law 1
or any subsequent amendments thereto, which provisions are incorporated herein by reference; and, whenever the city manager, or his designee, shall determine that rank weeds, thickets or noxious plants or trash, or any combination thereof, are constituting a threat to the public health, comfort, safety or welfare, the city manager, or his designee, shall notify the owner of lots, tracts or parcels of private land in the city to cut, remove or destroy any and all rank weeds, thickets or noxious plants, or clean and remove trash. If the city manager anticipates summary abatement of a nuisance in accordance with this code or the statutes of the state, which are incorporated herein by reference, the notice, whether by mail, posting or publication, shall state: That any accumulation of trash or excessive weed or grass growth on the owner's property occurring within six (6) months after the removal of trash or cutting or mowing of weeds or grass on the property pursuant to such notice may be summarily abated by the city; that the cost of such abatement shall be imposed against the owner; and that a lien may be imposed on the property to secure such payment, all without further notice to the property owner. The aforesaid notice shall be given to the owner of the property at the address shown on the current year's tax rolls in the county treasurer's office. The city shall obtain a receipt of mailing from the postal service, which receipt shall indicate the date of mailing and the name and address of the mailee. However, if the property owner cannot be located within ten (10) days from the date of mailing, notice may be given by posting a copy of the notice on the property or by publication. Notice of violation may be published in one issue of an official newspaper in the city and publication shall be at least four (4) days prior to the date set for hearing. If in the best interest of public health, safety and welfare it is necessary that the cleaning or removal take place immediately, then in that event the notice by publication in an official newspaper may be accomplished during the same period as the notice by mail and posting. Such notice shall state that all owners of lots, tracts or parcels of private land in the city are responsible for the cutting, removing and destruction of such rank weeds, thickets or noxious plants, or the cleaning and removal of trash thereon within ten (10) days from the date of notice; however, the city manager may grant additional time as may be reasonable for the cutting, removal or destruction of rank weeds, thickets, noxious plants, or cleaning and removal of trash, or any combination thereof.
E. The property owner shall have a right to appeal to the city council from any order of the city manager issued pursuant to subsection D of this section. Such appeal shall be taken by filing written notice of appeal with the city clerk within ten (10) days after the administrative order is rendered.
F. If an appeal is filed a hearing shall be held by the city council to determine whether the accumulation of trash or the growth of weeds or grass has caused the property to become detrimental to the health, benefit and welfare of the public and the community or a hazard to traffic, or creates a fire hazard to the property or surrounding properties.
G. In the event that:
1. No hearing has been required as provided for in subsection E of this section; or
2. The city council, after such hearing, shall have ordered such nuisance to be abated as aforesaid; or
3. Such nuisance shall not have been abated within the specified time, the city manager shall cause such nuisance to be abated forthwith by cutting, removing or destroying same, in as many instances as may be necessary for continual abatement of the nuisance for a six (6) month period from the date of the original abatement without further prior notice to the property owner. Notice as provided for herein shall be provided for each subsequent summary abatement stating the date of such summary abatement, the cost of the abatement, and stating that the owner may request a hearing within ten (10) days as required by this section for purposes of determining costs. In addition, the city manager, or his designee, may cause a complaint or complaints to be filed against such owner in the municipal court for violation of the provisions of this section or chapter or both. (Prior Code, Secs. 13-13–13-15; amd. Ord. 1991-10, 6-13-1991; Ord. 2005-25, 10-6-2005)
Notes
| 1 | 1. 11 OS § 22-111. |