§ 91.62 ABATEMENT; DUTY OF PROPERTY OWNER; COUNTY SANITARIAN; DESTRUCTION OF BUILDINGS; ASSESSMENT OF COSTS; UNDEFINED NUISANCES; PROSECUTION REQUIRED.
   (A)   It shall be the duty of the owner of any lot, building or premises whereon any nuisance exists, or the lessee, manager or person in charge thereof, to remove, abate or destroy the same without delay.
(Prior Code, § 8.24.030)
   (B)   Whenever any nuisance exists within the city limits for the abatement, creation or removal of which no person can be found who is responsible therefor, it shall be the duty of the County Sanitarian to remove, abate or destroy the same or cause the same to be done at the expense of the city.
(Prior Code, § 8.24.040)
   (C)   The governing body has authority to declare any building to be a nuisance which, in the opinion of the governing body, is so dilapidated or in such condition as to menace the public health or safety of persons or property; and to cause the destruction or removal of the same at the expense of the parties creating, causing, committing or maintaining said buildings or property. The city may levy a special assessment on the land or premises whereon the nuisance is situated to defray the cost or to reimburse the city for the cost of abating the same.
(Prior Code, § 8.24.050)
   (D)   (1)   In all cases where no provision is made in this division (D) and §§ 91.63 through 91.66 of this chapter, defining what are nuisances, and how the same may be removed, abated or prevented, in addition to what may be declared such in this division (D) and §§ 91.63 through 91.66 of this chapter, these offenses known to be the common law of the land may, in case the same exist within the city limits or within three miles thereof, or if such nuisances are detrimental or dangerous to the health of the city, be treated as nuisances and proceeded against as provided in this division (D) and §§ 91.63 through 91.66 of this chapter.
      (2)   It shall be the duty of the county sanitarian when so required, to notify the author of any nuisance in the city or beyond the city limits, within three miles thereof, either by a verbal or written notice to abate such nuisance; provided, such notice shall be required to be served in order to maintain a prosecution for a violation of this division (D) and §§ 91.63 through 91.66 of this chapter.
      (3)   If such nuisance is not abated within the 24 hours after the notice aforesaid, then it shall become the duty of the county sanitarian, to forthwith file a complaint under oath before the City Judge/Justice of the Peace setting forth the facts of the violation of any ordinance concerning nuisances, and an action shall forthwith be commenced to enforce the prescribed penalty, and it shall be the duty of the City Attorney to prosecute the same before the City Judge/Justice of the Peace.
(Prior Code, § 8.24.060)
(Ord. 436, passed - -2010)