CHAPTER 119
Nuisance Abatement

119.01   Authority of directors.

119.02   Notice to owner of real estate.

119.03    Service of notice.

119.04    Abatement by director; penalty.

119.05   Uncut grass or weed.

119.06   Obstruction of sewers by tree roots.

119.07   Abatement on city property.

119.08   Abatement in buildings or structures; penalty.

119.01 AUTHORITY OF DIRECTORS.

   (a)   Whenever there shall be done or exist within the City any act, thing, or condition of a kind which has been or may hereafter be defined by ordinance as a nuisance, the Director of Service, the Director of Safety, the Director of Community Development, or the Health Commissioner, (individually or jointly referred to hereafter as the Director) are authorized and directed promptly to cause its abatement as hereinafter provided.

   (b)   The Director is authorized to enter a premises at reasonable times, subject to constitutional restrictions on unreasonable search and seizures for the purpose of investigating a complaint and determining whether there is compliance with applicable zoning, property maintenance, health and sanitation codes. If entry is refused or not obtained, the Director is authorized to pursue recourse as provided by law.

(Ord. 2004-120. Passed 9-15-04)

119.02 NOTICE TO OWNER OF REAL ESTATE.

   When the nuisance is located on or originates from real estate not owned by the City, the Directors, individually or jointly, upon finding that the nuisance exists, may cause written notice or order to be served on the owner of the real estate. The notice or order shall set forth the nature of the nuisance, the Director's estimate of the cost of abating the same if done by the City, a reasonable time determined by the Director within which the owner shall abate the nuisance or pay the estimated cost to the City, and the statement that unless the nuisance is abated within the stated time it may be abated by the City and the cost of abatement assessed on the real estate involved, or the City may prosecute the owner for failure to comply with the order of the Director.

(Ord. 2004-120. Passed 9-15-04)

119.03 SERVICE OF NOTICE.

   The notice may be served by delivering it personally to the owner or leaving it at the owner's usual place of business or residence, or by posting it in a conspicuous place on the real estate involved, or by mailing it to the owner by regular U.S. mail at the owner's address as contained in the County Auditor's Records or other address as requested by the owner, in writing or by personal service, or by publishing it once in a newspaper of general circulation within the City if it cannot be served in any of the other ways above mentioned.

(Ord. 2004-120. Passed 9-15-04)