(a) No person shall maintain any dangerous, unsanitary or unsightly condition upon any premises within the City owned by him or her or in his or her possession or control, whether the same is created by dilapidated structures, obnoxious growths, obnoxious accumulations or heaps of animal, vegetable or mineral matter, offensive accumulations of junk not licensed or permitted under ordinances of the City, or by the presence of other offensive material to such extent as to constitute a public nuisance within the meaning of the common law or statutes of the State.
(b) In addition to the penalty provided in Section 660.99, the City may serve written notice that any condition referred to in subsection (a) hereof shall be abated.
(Adopting Ordinance)
(c) In connection with the exercise of the City's authority under the general language of subsection (b) hereof:
(1) Service of notice to abate shall be made pursuant to direction of the Council in a resolution specifying the legal description of the premises upon which the condition exists, the nature of the condition to be abated, the name or names of the owner or owners of the affected premises, the time within which the owner or owners shall abate such condition, and the manner of its abatement.
(2) Where names and addresses are known, a resident owner shall be served with such notice personally, or by leaving it at his or her usual place of abode or business with some person of suitable age and description residing or employed therein. Where names and addresses are known, a nonresident owner shall be served with such notice by registered mail.
(3) Where names and addresses are not known, an owner (resident or nonresident) shall be served with such notice by publishing a copy thereof once in a newspaper of general circulation in the City of Hart.
(4) Where promises subject hereto may be under the control of any legally appointed fiduciary, such fiduciary shall be considered the owner thereof for the purpose of receiving notice hereunder.
(5) The specification of any resolution of the Council of an abatement condition relating to any premises shall be considered prima-facie evidence of the existence of such condition, and the time fixed in such resolution within which such condition shall be abated by the owner or owners of the premises shall be considered as prima-facie reasonable.
(d) If, after service of the notice or notices prescribed in subsection (b) hereof, the abating action required thereby shall not have been fully performed within the time limit therein specified, such failure to abate by the owner or owners shall be reported by the City Manager to the Council, whereupon the Council may, by further resolution, direct that the specified work of abatement be performed at the City's expense by municipal employees or private contractors, and that the cost thereof be, by the City Manager, reported to the City Assessor for placement on the tax rolls, to be and become a special assessment and lien upon the premises described in said notice or notices, and as such to be collected in the manner provided in the City's Charter.
(e) No action taken hereunder by the City shall constitute a bar to prosecution for violation of the provisions of any other Municipal ordinance or State statute.
(Ord. 83. Passed 2-4-64.)