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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
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)
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)
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
(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)
The Chief of Police shall file a statement of nuisance with the Board, with 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. The Board and City Attorney shall review the statement of nuisance and determine next steps. The owner or the person in charge or in control of the premises shall be given a chance to appear before the Board and state his or her case before the City Attorney prosecutes on the charge of public nusiance.
(A) (1) First offense. Any person who, having received a notice, fails to abate the nuisance within the period provided in said notice, upon conviction thereof, shall be fined not less than $25 nor more than $100 for such offense;
(2) Second offense. Any person who has been convicted of a first offense of violating this subchapter and, within 12 months of such conviction, violates this chapter a second time by failing to abate the nuisance within the period provided in the notice shall, upon conviction, be fined not less than $50 nor more than $250 for such offense and shall be identified as a prior offender.
(3) Third and subsequent offense. Any person who has been convicted of violating this chapter on two or more prior occasions and, within 24 months of the first such conviction, violates this chapter a third or subsequent time by failing to abate the nuisance within the period provided in the notice shall, upon conviction, be fined not less than $100 nor more than $500 for such offense, and shall be identified as a persistent offender. A separate offense shall be deemed committed on each day during which such nuisance is permitted to exist beyond the period given in the aforementioned notice.
(B) Any person who shall refuse, hinder, or otherwise interfere with the entry of any city official, police officer, or any other officer, agent, or employee of the city, in their lawful duties of inspection, posting notice and removal order, discovery, or abatement of any nuisance, shall be deemed guilty of a separate offense hereunder and shall be subject to a fine of not more than $500 or by imprisonment not exceeding 90 days, or both such fine and imprisonment.
(Ord. 14-004, passed 5-15-2014)