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(A) Each department or agency of the United States, the state, or any political subdivision thereof, shall be required to keep governmental property free from environmental public nuisances.
(B) Any owner of private property shall be required to keep that private property free from environmental public nuisances.
(Ord. 4-2022, passed 5-10-2022)) Penalty, see § 91.99
It shall be a violation of this subchapter for any owner of private property or governmental property to allow an environmental public nuisance to exist on that property, unless the property is excluded property.
(Ord. 4-2022, passed 5-10-2022) Penalty, see § 91.99
(A) Complaint. Any department of the city which receives a complaint regarding environmental public nuisance within the city shall forward that complaint to the Code Enforcement Department.
(B) Assignment of complaint. The Code Enforcement Department shall thereafter forward the complaint to the officer for processing, who, in turn, shall visually inspect the property in question. If the officer determines that a violation exists, they shall issue a notice of violation as provided below.
(C) Notice to abate. When a complaint addresses private property, the officer through the Code Enforcement Department shall cause a written notice to abate to be served upon the owner of the property in question, granting that owner a minimum of ten calendar days in which to remove the environmental nuisance. This notice shall be served by certified mail and regular mail to the owner and by a notice place card conspicuously posted on the property, which mail and notice shall contain the following information: The address of the property; the date of the notice; the name of the agency enforcing this subchapter; the address of the agency; the phone number of the agency; and a warning that if the environmental public nuisance is not removed within ten calendar days after the posting; and notice that the city has the right to enter on the property to abate and/or correct the condition and bill the owner for costs incurred in so doing and/or file a court action against the owner for an ordinance violation.
(D) Exception to notice to abate requirement. If the officer finds a violation which constitutes a traffic hazard, the officer shall find it necessary to waive the ten-day grace period and abate the problem as soon as possible.
(E) Inspection. Following the expiration of the notice to abate an officer shall visually inspect the property to determine whether an environmental public nuisance still exists. If an environmental public nuisance exists, action shall be taken to abate that nuisance in accordance with this subchapter.
(F) Publication of notice on certain environmental public nuisances. In lieu of the notice required by division (C) above, the Code Enforcement Department, through the authorized employee, officer, and/or the Clerk-Treasurer shall publish notice in a newspaper of general circulation in the city, on two separate occasions during the month of April, that if any environmental public nuisance violations are not corrected by May 15 of that year, such violations shall be cut and/or removed by the Code Enforcement Department and the owner of the property charged with the costs under the provision of §§ 91.25 and 91.99 below. The publication shall contain all the information required of the notice to abate in environmental public nuisance violations such as weeds, grass, or other rank vegetation and shall allow the city to correct such violations as many times as is necessary to comply with this subchapter and charge the actual costs to the property owner.
(G) Continuous abatement notice on certain environmental public nuisances. After providing an initial notice of the violation of an environmental public nuisance such as weeds, grass, or other rank vegetation under division (C) above, a continuous abatement notice may be posted at the property at the time of abatement instead of certified mail or equivalent service. Such continuous abatement notice shall allow the city to correct such violation as many times as necessary to comply with this subchapter and charge the actual costs to the owner.
(H) Abatement by city on government property. Where the complaint addresses governmental property and it is determined by the officer that a violation exists and threatens the health and safety of the people of the city, the officer may direct the city to immediately enter upon the premises and remove the environmental public nuisance.
(Ord. 4-2022, passed 5-10-2022) Penalty, see § 91.99
(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)
(A) Upon receipt of a notice to abate, the property owner or his or her duly authorized representative may notify the Code Enforcement Department of intent to object to any notice to abate.
(B) This correspondence shall be in writing and shall specify the street address involved. Any such correspondence must be received by the Code Enforcement Department within the amount of time set out in the notice to abate.
(C) Upon receipt of such correspondence, the Code Enforcement Department shall provide copies of same to the City Attorney and to the office involved in the violation, who shall cause the objection to be investigated. No further action shall be pursued against the owner to abate the public nuisance and/or environmental public nuisance until resolution of the objection thereto.
(Ord. 4-2022, passed 5-10-2022)
(A) (1) Any person who creates a nuisance as listed under the definition of “public nuisance” in § 91.02 who deposits such as stated in section a of this chapter upon any public areas such as right of ways, parks, easements, streets, and/or public parking areas or public buildings or land owned by the city shall have created a public nuisance and be fined for such a violation without warning, being a fine of $50 to $250 per day until corrected. The city/county may also charge to correct both in use of equipment, labor, or outside contractor. Such cost also may include attorney’s fees and court costs.
(2) Any property owner(s), landlords, or tenants who allow anyone, that may or may not reside at said property, to bring in material that creates a public nuisance on the property. After a five-day grace period to correct the situation shall be fined $50 to $250 per day to correct as an ordinance violation plus the cost of city/county or outside contractor to correct the situation in both cost of labor and equipment. Such cost may include cost of attorney’s fees and court cost.
(3) If property owner(s), landlords, or renters who may not allow such, but a public nuisance has been created by someone unknown are still responsible for such a public nuisance and after a five- day grace period to correct the situation shall be fined $50 to $250 per day to correct plus the cost of city, county, or outside contractor to correct the situation in both cost of labor or equipment. Such cost may include cost of attorney’s fees and court cost. Code Enforcement may work with those involved to correct the problem within a reasonable time.
(B) Any person who violates any provisions of § 91.06 shall be deemed to have committed an ordinance violation and upon conviction, shall be fined not less than $50 and not more than $2,500. Each day a violation continues after an action has been commenced to abate the nuisance that nuisance shall constitute a separate ordinance violation. No additional notice under § 91.06 shall be required to initiate separate actions once an action has been against the person violating § 91.06.
(C) Any person who violates any provisions of § 91.25 shall be deemed to have $50 and not more than $2,500. Each day a violation continues after an action has been commenced to abate the environmental public nuisance that nuisance shall constitute a separation ordinance violation. No additional notice under § 91.25 shall be required to initiate separate actions once an action has been against the person violating § 91.25.
(Ord. 4-2022, passed 5-10-2022)