(A) Causes of blight or blighting factor.
(1) It is hereby determined that the uses, structures, and activities and causes of blight or blighting factors described herein, if allowed to exist, will tend to result in blighted and undesirable neighborhoods, so as to be harmful to the public welfare, health, and safety.
(2) On and after the effective date of this section, no person, firm, or corporation of any kind shall maintain or permit to be maintained any of these causes of blight or blighting factors upon any property in the city owned, leased, rented, or occupied by such person, firm, or corporation:
(a) In any area, the storage upon any property of junk automobiles. For the purpose of this section, the term JUNK AUTOMOBILES shall include any motor vehicle, part of a motor vehicle, or former motor vehicle, stored in the open, which is not currently licensed for use upon the highways of the state, and is either unuseable or inoperable because of lack of, or defects in component parts; or unuseable or inoperable because of damage from collision, deterioration, alteration, or other factors; beyond repair and, therefore, not intended for future use as a motor vehicle; or being retained on the property for possible use of salvageable parts;
(b) In any area the storage or accumulation of junk, trash, rubbish, or refuse of any kind, except refuse stored in such a manner as not to create a nuisance for a period not to exceed 30 days. The term JUNK shall include parts of machinery or motor vehicles, unused stoves, or other appliances stored in the open; remnants of wood; decayed, weathered, or broken construction materials no longer suitable for sale, approved building materials; and metal or other cast off material of any kind, whether or not the same could be put to any reasonable use;
(c) In any area the existence of any structure or part of any structure which because of fire, wind, or other natural disaster, or physical deterioration is no longer habitable as a dwelling or useful for any purpose for which it may have been intended;
(d) In any area the existence of any vacant dwelling, garage, or other out building, unless such buildings are kept securely locked, windows kept glazed or neatly boarded up and otherwise protected to prevent entrance thereto by vandals; or
(e) In any area the existence of any structure whose exterior wall surface is not in good repair or has not been maintained with paint and the like so as to cause a blighting effect in the area where the structure is located.
(B) Enforcement and penalties.
(1) The owner and the occupant of any property upon which any of the causes of blight or blighted factors set forth in division (A) hereof is found to exist, shall be notified, by writing, by the City Administrator to remove or eliminate such causes of blight or blighting factors from such property within ten days after service of the notice upon him or her. Such notice may be served personally or by mail, the same by certified mail, return receipt requested, to the last know address of the owner, and if the premises are occupied, to the premises. Additional time may be granted by the enforcement officer when bona fide efforts to remove or eliminate such causes or blight or blighting factors are in progress.
(2) Failure to comply with such notice within the time allowed shall constitute a violation of this section.
(3) Violation of this section may be a misdemeanor.
(4) In the case of failure to remove any blight within the time prescribed, the city shall remove any garbage, refuse, or other materials accumulated on such property at the expense of the owner. If not paid, the City Administrator shall certify such cost to the County Auditor as a special assessment against the property involved for collection in the same manner as other special assessments. As an additional or alternative remedy, the owners of any interest in the land and the occupant shall be jointly and severally liable for such costs and the costs shall be recoverable in any action brought against any of the in the name of the city.
(Prior Code, § 92.07) (Ord. 173, passed 6-9-1992)