(A) Discarded items on person's own property.
(1) The city finds that the practice of allowing discarded items to remain on an owner's property, constitutes a detriment to the welfare and convenience of the residents of the city. Such discarded items detract from the appearance of the city and affect the economic development of the city. Therefore, it is the public policy of this city to prohibit the keeping of discarded items on private property within the limits of the city, and such discarded items are hereby declared to be public nuisances.
(2) Any law enforcement officer who knows, sees or otherwise has knowledge that a property owner has allowed a discarded item to remain on his property in violation of this chapter, shall issue a citation to such property owner ordering him to appear before the district court.
(B) Discarding items on property of another prohibited. No person shall place, leave, deposit or otherwise undertake to dispose of any discarded item upon any private property or upon any public property or right-of-way in the city. Any person whose property lies within the city and on whose property a discarded item is disposed may file a complaint with the city police.
(C) Complaint investigation.
(1) Upon the initial receipt of a complaint, whether officer or citizen initiated, the investigating city police officer shall make an inspection of the specified property, from complainant's adjacent or abutting property, or a public street, road or park. If a violation is observed, photographs shall be taken from the officer's observation point and the officer shall make contact with the property owner.
(2) The police officer shall provide the violator with a copy of the city ordinance, explain the purpose of the ordinance, the possible penalties, outline the corrective action that needs to be taken within the next thirty (30) days, and issue a warning citation for the violation.
(3) After the thirty (30) day warning period, the officer shall revisit the property to verify that corrective actions have been completed. If the violations have been satisfactorily corrected, the case shall be closed. If, in the officer's opinion, the problem has not been fully corrected but the owner has made significant progress, the officer may extend the cleanup period through he issuance of another thirty (30) day warning citation.
(4) If the re-inspection indicates to the officer that the property owner has not acted in good faith in complying with the provisions of this section, the officer shall issue a state citation to the property owner citing them to district court for violation of this section.
(Ord. 1996-07, passed 3-12-96) Penalty, see § 90.99
Cross-reference:
Nuisances, see Chapter 93