(A) Debris defined. Any condition on any lot or land that has the presence of debris of any kind which may endanger the public safety or any material which is unhealthy or unsafe is hereby declared to be a public nuisance, subject to abatement. Debris shall include, but is not necessarily limited to, weed cuttings, cut and fallen trees and shrubs, overgrown vegetation, noxious weeds which are seven inches or more in height, rubbish and trash, lumber not piled or stacked 12 inches off the ground, rocks or bricks, tin, steel, parts of derelict cars or trucks, broken furniture, and/or any flammable material.
(B) Notice. Enforcement of this section shall be the responsibility of the Chief of Police. After inspection of property by the Chief of Police, if the Chief of Police believes the property to be in violation, he or she shall provide notice to the owner of the property by personal service or by certified mail, return receipt requested. The notice shall state:
(1) Within seven days of receipt of the notice (which shall be the date of delivery as to personal service, the date of receipt of certified mail which is not refused, or five days after the date of mailing as to certified mail, return receipt requested, which was refused by the owner), the property owner must begin and continue without unnecessary delay the abatement or removal of the nuisance condition;
(2) The nature of the nuisance;
(3) The notice shall indicate that a hearing may be requested before the Chief of Police or Mayor depending upon availability. It is the responsibility of the owner to schedule the hearing and the hearing must be conducted within seven days of receipt of the notice unless none of the two specified hearing officers are available and under such circumstance, the hearing shall be scheduled with the hearing officer with the quickest availability to conduct the hearing; and
(4) The notice shall indicate that in the event the owner does not request a hearing as provided for herein or begin abatement of the nuisance within seven days of receipt of the notice and continue the abatement without unnecessary delay, that the Chief of Police or other designated officer may cause a condition which constitutes the nuisance to be removed and the cost of such removal shall be certified to the City Clerk, who shall cause the certified costs to be included in a special tax bill or added to the annual real estate tax bill, at the collecting official’s option, for the property and the certified costs shall be collected by the City Collector or other official collecting taxes in the same manner and procedure for collecting real estate taxes. If the certified costs are not paid, the tax bill shall be considered delinquent and the collection of the delinquent bill shall be governed by the laws governing delinquent and back taxes. The tax 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.
(C) Abatement of nuisance by city. If no hearing is requested by the property owner as provided in this section, or hearing is conducted and the hearing officer finds that a public nuisance under this section does exist and should be abated, or the owner fails to begin within seven days of receipt of notice and continue without unnecessary delay to abate or remove the nuisance, the Chief of Police shall cause the condition which constitutes the nuisance to be removed. If the Chief of Police causes such condition to be removed or abated, the costs of such removal shall be certified to the City Clerk who shall cause the certified costs to be included in a special tax bill or added to the annual real estate tax bill for the property, at the collecting official’s option. The certified costs shall be collected by the City Collector or other official collecting taxes in the same manner and procedure for collecting real estate taxes. If the certified costs are not paid, the tax bill shall be considered delinquent and the collection of delinquent bill shall be governed by the laws governing delinquent and back taxes. The tax bill from the date of issuance shall be deemed a personal debt against the owner and shall also be lien on the property until paid.
(D) Violation is an offense. An owner who fails to begin removal of a nuisance within seven days of notice or fails to continue the removal without unnecessary delay as provided for in this section shall be guilty of an offense and may be charged in Municipal Court with the offense of failure to abate a nuisance.
(Prior Code, § 215.045) (Ord. 318, passed 9-6-2003)