(A) Abatement of nuisances; notice to remove.
(1) It shall be unlawful for any person, firm or corporation to permit or maintain the existence of any nuisance on any property under his, her, or its control, including, but not limited to, any nuisance specifically recognized by this Chapter 95.
(2) The City Manager, Chief of Police, and Director of Community Development, or their designees, are hereby authorized to abate any nuisance existing in the city, whether such nuisance is one specifically recognized by ordinance or not.
(3) The City Manager, or his or her designee, is hereby authorized and empowered to notify the owner or occupant of any property within the city or the agent of such owner or occupant to properly correct the nuisance located on such owner’s property which is dangerous to public health, safety, welfare or property value.
(4) Such notice shall be effective by mailing the same by certified mail, postage fully prepaid, or by personal delivery, to the owner, tenant or agent at their last known place of residence, or to the person to whom was sent the tax bill for general taxes for the last preceding year on the property on which the nuisance is found.
(B) Action upon noncompliance. Upon failure or neglect or refusal of any owner, occupant or agent so notified to properly correct the offense which is dangerous to the public health, safety, welfare or property value within the time prescribed by the written notice provided for in division (A) above, which time period shall not be less than five days after delivery or mailing of such notice, the City Manager, or his or her designee, is hereby authorized and empowered to effect the correction of such nuisance as provided in this section.
(C) Costs charged to owner.
(1) The city may provide for the removal of a nuisance from private property when the owner of such property, after reasonable notice, refuses or neglects to remove such nuisance, and may collect from such owner the reasonable cost thereof, including direct administrative expenses and overhead costs for third-party services, and any attorneys’ fees; amounts not paid within 30 days after notice of the cost of abatement will also accrue interest at a rate of 12% per annum.
(2) This cost is a lien upon the real estate affected, superior to all subsequent liens and encumbrances, except tax liens, if within 60 days after such cost and expense is incurred the city, or person performing the service by authority of the city, in his or her or its own name, files notice of lien in the office of the Recorder in the county in which such real estate is located..
(3) The notice shall consist of a sworn statement setting out:
(a) A description of the real estate sufficient for identification thereof;
(b) The amount of money representing the cost and expense incurred or payable for the service; and
(c) The date or dates when such cost and expense was incurred by the city.
(4) However, the lien of such city shall not be valid as to any purchaser whose rights in and to such real estate have risen subsequent to removal of the nuisance and prior to the filing of such notice, and the lien of such city shall not be valid as to any mortgagee, judgment creditor or other lienor whose rights in and to such real estate arise prior to the filing of such notice.
(5) Upon payment of the cost and expense by the owner of or persons interested in such property after notice of lien has been filed, the lien shall be released by the city or person in whose name the lien has been filed and the release may be filed of record in the case of filing notice of lien.
(6) The lien may be enforced by proceedings to foreclose as in case of mortgages or mechanics’ liens. An action to foreclose this lien shall be commenced within two years after the date of filing notice of lien.
(7) In addition to the foregoing, no permits, inspection approvals or transfer stamps may be issued for any real estate where amounts arising from any such nuisance abatement have not been paid in full.
(D) Alternates.
(1) In addition to or as an alternative to the foregoing, the City Manager or his or her designee may issue an ordinance violation citation, returnable in the appropriate courtroom of the County Circuit Court, Branch Court Division, for violation of a particular section or sections of this subchapter.
(2) Further, and as an additional or alternate method of enforcement, the City Manager may authorize the City Attorney to commence a civil proceeding to correct the offense under applicable statutory provisions.
(E) Procedure in case of emergency. When the conditions which constitute the nuisance pose an immediate threat to the public peace, health or safety, the City Manager may order the offense corrected immediately.
(F) Chronic nuisance property.
(1) After the city has given notice that a property is a chronic nuisance property, the city may initiate abatement or enforcement actions with respect to any new, recurring or continued nuisance condition or activity on such chronic nuisance property without further notice.
(2) The city may record on the chain of title for such property in the County Recorder’s office a notice that such property is a chronic nuisance, provided that a further notice shall later be recorded at such time that the property ceases to be a chronic nuisance property.
(3) In addition to or in lieu of the actions authorized divisions (A) through (E) above, the city may request a court of competent jurisdiction for injunctive relief, a cease and desist order, or any other necessary or convenient relief to abate all nuisances on a chronic nuisance property.
(Prior Code, § 49-19) (Ord. 93-2, passed 1-21-1993; Ord. 01-18, passed 6-21-2001; Ord. 2008-16, passed 7-7-2008; Ord. 2016-55, passed 10-17-2016)