(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)
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)
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)
If the nuisance is not abated within the required time, the Director may cause its abatement and report the cost thereof to Council which may assess the same on the real estate on which the nuisance existed or the cause or source thereof was located. If the property owner is ordered to abate the nuisance or to pay to the City the estimated cost of the abatement and fails to comply with such order, such failure shall be considered a first degree misdemeanor and, upon a plea of guilty or conviction thereof shall be punished in accordance with Section 501.99 of the Codified Ordinances. Each day of violation shall be considered a separate offense.
(Ord. 2004-120. Passed 9-15-04)
If the nuisance consists of uncut and growing grass or weeds, only one (1) notice to the property owner, as provided in Section 119.03 shall be necessary in any one (1) growing season and the Director may cause such nuisance to be abated or removed more than once in any growing season as conditions may require. (Ord. 2004-120. Passed 9-15-04)
In case the nuisance consists of roots of trees which obstruct sewers, the Director may abate the nuisance immediately and without service of notice or estimate of the cost of the abatement. The Director shall, however, furnish the owner of the real estate from which the nuisance originates with a statement of the cost of abating the same 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, as soon as the cost can be ascertained, and shall notify the owner to pay the cost or abate the nuisance within such reasonable time as the Director shall fix, but not less than thirty (30) days. In case the cost is not paid and the nuisance is not abated within the time fixed by the Director, the Director shall make the repair to abate the nuisance, and report the fact to Council which may assess the same on the real estate from which the nuisance originated. (Ord. 2004-120. Passed 9-15-04)
When the cause or source of a nuisance exists on property owned by the City the Director shall, and in any other case he may, abate the nuisance at the expense of the City, and no notice shall be required preliminary to the abatement. (Ord. 2004-120. Passed 9-15-04)
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