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§ 91.25 ENFORCEMENT.
   (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)
§ 91.26 PROPERTY OWNER RIGHT TO OBJECT TO COMPLAINT.
   (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)
§ 91.99 PENALTY.
   (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)