(A) Citation for violation. If the authorized employee and/or officer finds that a public nuisance and/or environmental public nuisance exists on private property and has not been abated as directed in the written notice to abate, that employee may cause a citation for violation of a city ordinance to be issued to the offending property owner.
(B) Abatement by city on private property. In addition to the issuance of a citation for violation of city ordinances under division (A) above, the officer/Code Enforcement may determine that an emergency exists and direct the city to immediately enter upon the property and remove the public nuisance. The Street/Utility Department, shall thereafter furnish the Mayor with a statement of actual cost involved in the removal of the public nuisance. The actual abatement may be assigned to a city department or contracted out through standard procedures.
(C) Responsibility of offender for costs of enforcement.
(1) The Code Enforcement Department shall work with the Street Supervisor and the Mayor in eliminating the environmental public nuisance cost. The costs shall include: the cost of removal of the environmental public nuisances; administrative fees; attorney fees if court ordered enforcement is necessary; and all recording fees associated with the collection of outstanding balances.
(2) The following fees shall be charged:
Administrative Fees | |
These fees would cover such administration tasks as inspecting the property to determine the violation, to determine compliance, determining ownership, and preparing and mailing notices. (No fee would be charged if no violation is found.) | $500 |
Labor and Fees | |
The following labor fees per person, per hour or fraction thereof for labor necessary to abate a public nuisance. | |
Operator/Driver/Labor w/o CDL | $28 |
Operator/Driver/Labor w/o CDL | $28 |
Supervisor (or current rate) | $38 |
Equipment Fees | |
The following equipment fees per machine, per hour or fraction thereof, for the use of each piece of equipment necessary to abate the environmental public nuisance. | |
Pick-up | $20 |
Trash/bush hog | $30 |
Backhoe | $30 |
Dump truck | $30 |
Equipment Fees | |
Packer | $30 |
Loader (or current rate) | $30 |
Land Filling Fees | |
Any land filling fees actually incurred to dispose of litter and waste products removed | |
Attorney Fees | |
This fee shall cover the legal time on an hourly basis necessary to enforce this subchapter in court for each violation. | |
Other Fees | |
Any other reasonable fees actually incurred in abating a public nuisance. Said statement shall be delivered to the property owners by first class mail. The owner shall pay the amount noted to the city within ten days after receipt, which shall be deposited in the General Fund. | |
(D) Failure to pay. If owner fails to pay the amount within ten days after receiving the statement, the Code Enforcement Department shall institute action necessary to collect the debt under division (D)(1), (D)(2), and/or (D)(3) below:
(1) A copy of all costs as described in division (C) above may be filed in the office of the County Auditor for the purpose of placing the amount claimed on the tax duplicate against the property, so that the amount claimed can be collected as taxes are collected.
(2) The city may seek recovery of the costs as described above in division (C) above in the County Courts as the Common Council may select.
(3) The city may allow the citation for costs as described in division (C) above to be paid to the Ordinance Violations Bureau.
(Ord. 4-2022, passed 5-10-2022)