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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)
(a) If either the Director of Community Development or the Health Commissioner finds that any building or structure within the City, by reason of being in violation of Sections 1167.04, 1167.08, 1167.10, 1365.01 (a), (f), (h-m), 1365.02, 1365.04, 1369.01, is a rooming and boarding house or fraternity house operating without proper zoning approval, or is a nuisance as that term is defined in 521.13, 1383.01 (i)(1), (4), (6), or the first or fourth paragraphs of 1387.10 is, or will eminently become, a hazard to the health, safety or welfare of its occupants or the public or is or will eminently become a blighting or deteriorating factor in the neighborhood, or will impair or adversely affect the value of neighboring property, he shall declare such building or structure to be a nuisance. The Director of Community Development or the Health Commissioner may specify what reasonable repairs or maintenance measures are necessary to abate such nuisance. Upon such finding and declaring, the Director of Service may proceed in the manner provided in this Chapter for the abatement of nuisances, or the Director of Community Development or the Health Commissioner may order the owner of such building or structure to make such repairs or take such maintenance measures within a reasonable time. Failure to comply with such order shall be considered a first degree misdemeanor, and upon a plea of guilty or a 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.
(b) Either the Director of Community Development or the Health Commissioner may authorize the abatement by the City of a violation of Sections 1365.01 (b-e) and (g) or 1373.02, of these codified ordinances or of a public nuisance as that term is defined in Section 1383.01 (i) (2), (3), or (5) found within or upon, or upon the grounds of a dwelling, as such term is defined in the Codified Ordinances. The Director of Public Service may assist such Director in abating such a nuisance. Such assistance may include labor and materials provided by the Service Department, or the entering of a contract for the provision therefor in accordance with the ordinances and Charter of the City. In addition to all other penalties set forth herein, a violation of this Section 119.08(c) shall be considered a first degree misdemeanor, and upon a plea of guilty or a 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)