(A) Form of manual/automated ordinance violation citations. For violations subject to the procedures of this subchapter, citations shall be numbered and contain the following information:
(1) The date and time of issuance;
(2) The specific violation of which the citation is made;
(3) The date and location of the violation;
(4) The name and address of the person alleged to have committed the violation, if known or readily obtainable;
(5) The signature of the official issuing the citation, which may be affixed manually or electronically, or the official's name and code number in computer generated form;
(6) The badge number, of the officer; and
(7) The court date of the alleged violator to appear.
(B) Service of citation. A citation of an ordinance violation subject to this subchapter shall be served by the issuing official upon the alleged violator; service may be as follows:
(1) If the alleged violator is present, it shall be delivered personally to the alleged violator.
(2) If the alleged violator is not present, it shall be served on the owner or other person in possession of the premises either in person or by first class mail.
(C) Citation for violation. If the officer finds that a public nuisance exists on private property that officer is directed to issue a citation for violation of a city ordinance to be issued to the offending property owner. Any person who violates any provisions of this section shall be deemed to have committed an ordinance violation and upon conviction, shall be fined not less than $100 and not more than $2,500. Three or more separate violations at the same property within 12 months will be determined to be Public Nuisance-Level Two. Fines for this violation shall not be less than $250 and not more than $2,500. Five or more separate violations within 24 months will constitute a Public Nuisance-Level Three. Fines for this violation shall not be less than $500 and not more than $2,500. The court may order the city to abate the violation and shall impose costs as incurred and calculated under division (E) of this section. Each day a violation continues after an action has been commenced to abate the nuisance that nuisance shall constitute a separate ordinance violation. No additional notice under this section shall be required to initiate these separate actions once an action has been commenced against the person violating this section.
(D) Abatement by city on private property. In addition to the issuance of a citation for the violation of a city ordinance under division (B)(1), the officer may bring a civil action in any court of record and obtain an order allowing the city to abate the public nuisance and recover costs pursuant to this subchapter, which shall include: costs of removal of the public nuisance, administrative fees not to exceed $100 per charge, and all recording fees, together with any other reasonable fees actually incurred in abating the public nuisance, including costs of collection and attorney fees. In addition, the officer may seek to enjoin the public nuisance through application to the proper court.
(E) Responsibility of offender for costs of enforcement. The Code Enforcement Department shall make a statement of the costs incurred in eliminating the public nuisance, administrative fees, attorney fees if court ordered enforcement is necessary, and all recording fees associate with the collection of the outstanding balances.
(1) The following fees shall be charged:
(a) Administrative fees: $100. These fees would cover such administrative tasks as
inspecting the property to determine the violation, to determine compliance, determining ownership and preparing and mailing notices.
(b) Labor and fees: The following labor fees per person, per hour, a minimum of one hour for labor necessary to abate a public nuisance.
1. Operator/driver/laborer w/o CDL: $20;
2. Operator/driver/laborer w/CDL: $25; and
3. Supervisor: $35.
(c) Equipment fees: The following equipment fees per machine per hour, a minimum of one hour, for the use of each piece of equipment necessary to abate the public nuisance.
1. Pick-up truck: $25;
2. Tractor/bush hog: $35;
3. Backhoe: $45;
4. Dump truck: $55;
5. Packer: $75; and
6. Loader: $75.
(d) Any fees actually incurred to dispose of litter and waste products removed.
(e) Any other reasonable fees actually incurred in abating a public nuisance. Said statement shall be delivered to the property owner by First Class Mail. The owner shall pay the amount noted to the city within ten days after receipt, which shall be deposited in the Weed Account Non-reverting.
(2) Failure to pay. If the owner fails to pay the amount within ten days after receiving the statement, the city and Code Enforcement Department may institute action necessary to collect the debt through a court of record.
(Ord. 14-2016, passed 8-16-2016)