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§ 93.03  DEBRIS AND ACCUMULATED MATERIALS.
   No person owning, leasing, occupying or having charge of any premises in the city shall keep or permit upon any alley, right-of-way, or ditch adjacent to such premises:
   (A)   Debris of any kind which creates a health, safety, or fire hazard or is so disorderly as to constitute an eyesore in view of residents or from any street;
   (B)   Heavy waste accumulations such as brick, lumber, broken concrete, dirt and plaster, sand or gravel, vehicle frames or parts, and other bulky heavy materials; and
   (C)   Waste oils or fluids from vehicles or garages.
(Ord. 14-004, passed 5-15-2014)
§ 93.04  OBSTRUCTING TRAFFIC.
   No person owning, leasing, occupying, or having charge of any premises in the city shall place or permit upon such premises any vehicle, building, fence, tree, vegetation, junk, or anything of any kind that obstructs the free passage or overhead clearance of vehicle or foot traffic upon any street, alley, or right-of way adjacent to such premises.
(Ord. 14-004, passed 5-15-2014)
§ 93.05  VIOLATION.
   It shall be a violation of this chapter and declared a public nuisance for any person who is the owner or occupant of any premises to allow or cause any nuisance to exist on such premises.
(Ord. 14-004, passed 5-15-2014)  Penalty, see § 93.99
§ 93.06  NOTICE OF EXISTENCE OF NUISANCE.
   When the existence of a nuisance shall come to the attention of the Chief of Police, the Chief of Police or his or her designee shall issue a written notice to the owner of the property and/or the person in charge or in control of the premises, whether as owner, lessee, tenant, occupant, or otherwise, and said notice shall describe the conditions constituting the nuisance and require the abatement of the nuisance within seven days of delivery of such notice. If the owner of the property and/or person in charge or control of the premises cannot be found and served personally, said notice may be served by posting a copy conspicuously on the premises and by mailing a copy by certified mail to said person at an address reasonably believed to be accurate. In the event service of notice is made by posting and mailing, a period of ten business days from the date of posting and mailing shall be allowed for the abatement of the nuisance.
(Ord. 14-004, passed 5-15-2014)
§ 93.07  EXCEPTION FOR UNDUE HARDSHIP.
   The notice shall also inform the owner of the property and/or the person in charge or in control of the premises, whether as owner, lessee, tenant, occupant, or otherwise that, upon written request submitted within seven calendar days of the notice, the Chief of Police, in his or her sole discretion, may allow for a time limit in excess of seven days for correcting the violation in cases where strict enforcement of the time limit would result in an undue hardship. In the written request, the owner of the property and/or the person in charge or in control of the premises, whether as owner, lessee, tenant, occupant, or otherwise shall state the reasons why strict enforcement of the time limit would result in an undue hardship.
(Ord. 14-004, passed 5-15-2014)
§ 93.08  ABATEMENT BY CITY.
   If the owner or occupant fails to begin removal or abatement of the nuisance in accordance with the removal order within the time allowed, or upon failure to pursue the removal and abatement of such nuisance without unnecessary delay, the Chief of Police may cause the condition which constitutes the nuisance to be removed or abated.
(Ord. 14-004, passed 5-15-2014)  Penalty, see § 93.99
§ 93.09  CERTIFICATION OF ABATEMENT COST.
   (A)   If the Chief of Police has sent notice and a removal order to the owner and causes a nuisance to be removed or abated, he or she shall certify the cost of such removal and abatement (which may include reasonable fees for the city’s costs in administering this subchapter) to the City Clerk who shall cause the certified cost to be sent to the property owner.
   (B)   The collection of the delinquent bill shall be governed by the laws governing delinquent and back taxes. The bill from the date of its issuance shall be deemed a personal debt against the owner and shall also be a lien on the property until paid. In the event a lawsuit is required to enforce the bill, the city may charge the property owner costs of collecting the bill including attorney’s fees.
(Ord. 14-004, passed 5-15-2014)
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