§ 660.21  YARD MAINTENANCE.
   (a)   No person shall permit furniture, mattresses,  household furnishing, rugs, appliances to be placed or stored in any yard area contiguous to any structure or on any porch, patio, deck, or other outdoor structure, which is not enclosed, under their control, within the City for a period of time in excess of 48  hours.  This prohibition does not apply to furniture or rugs which are designed for outdoor use.
   (b)   Exterior property areas of all premises in the City shall be kept free of objects, materials or conditions that: create a health, accident or fire hazard; constitute a public nuisance; or, are a blighting or deteriorating influence on the neighborhood.  Broken glass, filth, garbage, rubbish and debris shall not be permitted to remain on any property.
   (c)   If the City find such objects, materials or conditions to exist, it shall notify the occupant and/or owner of the premises of the objects, materials or conditions and order the owner and/or occupant to remove or abate the offending objects, materials or conditions in a reasonable time, which shall not be less than 24 hours.  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.  The owner and/or occupant shall comply with the order.
   (d)   If the owner fails to abate the offending objects, condition or materials as required in the order, the City may abate the nuisance using Municipal funds.
   (e)   When the objects, conditions or materials have been abated by the City, the cost incurred by the City to abate said objects, materials or conditions shall be a lien on such real property from the dates such expenses are incurred.  The Finance Department shall certify the cost to the County Auditor to be placed on the tax list and collected as other taxes are collected and returned to the City.  The cost of the abatement may also be recovered by means of judgment against the owner, and if different, against the person in control, such as lessee, agent or tenant having charge of the property.
   (f)   Any person violating division (a) of this section or failing to comply with an order issued  under division (b) of this section is guilty of a minor misdemeanor on the first offense; and a misdemeanor of the fourth degree on each subsequent offense.  Upon a finding of guilt, the Court may order the defendant to remove the furniture, mattresses, household furnishings, rugs or appliances from the unenclosed areas, and may, upon failure of the defendant to comply, authorize the City to remove the offending objects at the expense of the offender.
(Ord. 2001-31, passed 3-20-2001)