(a) Every owner and/or occupant or real property shall maintain such property in a clean and sanitary condition. The owner and/or occupant shall not permit the accumulation of rubbish, garbage or litter upon said property, except when such rubbish, garbage or litter is contained in a container as described in Section 1066.05 of the Codified Ordinances. The accumulation of rubbish, garbage or litter in violation of this section poses a risk to the public health, safety and general welfare, and, is declared to be a public nuisance, subject to abatement as described in this section.
(b) Upon determining that an accumulation of rubbish, garbage and/or litter exists in violation of division (a), the City Manager, or his designee, shall issue a notice of the existence of a public nuisance to the owner and/or occupant of the subject property and order the nuisance to be abated. Notice to the owner shall be by personal service or mailing such notice to the owner of such lots or lands as listed in the County Auditor’s tax list at the mailing address shown on such tax lists. If no mailing address is shown in the County Auditor’s record, it shall be sufficient to provide such notice by posting said notice in a conspicuous place on the premises. Notice to an occupant of the premises shall be by personal service. If personal service cannot be accomplished in one attempt, service may be made by ordinary mail to the occupant and posting the notice in a conspicuous place on the premises. If the owner and/or occupant fails to abate the nuisance within five days of receipt of the notice, the City shall abate the nuisance.
(c) When the nuisance has been abated by the City, the cost incurred by the City to abate said nuisance shall be multiplied by two and one-half times, and this sum shall be a lien on such real property from the date such expenses are incurred. The Finance Department shall certify the cost to the County Auditor to be placed upon the tax list and collected as other taxes are collected and returned to the City. The cost of abatement may also be recovered by means of a judgment against the owner, and if different, against the person in control, such as lessee, agent or tenant having charge of the property.
(d) No person shall ignore or fail to obey an order to abate a public nuisance issued in accordance with division (b). Violation of this section shall be a misdemeanor of the fourth degree, and the offender shall be fined a minimum of one hundred and fifty dollars ($150.00). A separate offense shall be deemed committed each day during on which a violation occurs or continues. The application of the penalty provided in this division (d) shall not be deemed to preclude the enforced removal of prohibited conditions or the application of any other equitable remedy.
(e) For purpose of this section, GARBAGE and RUBBISH shall be defined as set forth in § 202 of the International Property Maintenance Code, as adopted, and LITTER shall be defined as set forth in § 660.03 of the Codified Ordinances.
(Ord. 2001-33, passed 3-20-2001; Am. Ord. O2011-07, passed 2-15-2011)