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(A) If a person or entity is served a notice to abate a nuisance or attractive nuisance pursuant to section 7-154(A) and fails to either abate the condition within ten days of the delivery of such notice, or in the case of service by mail and posting, within 15 days from the day of mailing or posting the notice, whichever is later or fails to file a timely appeal, such person shall be guilty of a misdemeanor. Each day that such nuisance or attractive nuisance exists beyond the time set forth in this chapter for abatement or appeal of the notice to abate such nuisance or attractive nuisance shall constitute a new and separate misdemeanor and may be charged as such. Notwithstanding the foregoing, any misdemeanor violation or failure to comply may, in the discretion of the city attorney, be prosecuted as an infraction.
(B) If a person or entity is served a notice to abate a nuisance or attractive nuisance pursuant to section 7-154(A) and files an appeal, such person shall comply with the decision of the appeal officer. If a person or entity fails to comply with a decision of the appeal officer that person or entity shall be guilty of a misdemeanor. Each day that such person or entity fails to comply with the decision of the appeal officer shall constitute a new and separate misdemeanor and may be charged as such. Notwithstanding the foregoing, any misdemeanor violation or failure to comply may, in the discretion of the city attorney, be prosecuted as an infraction.
(`64 Code, Sec. 19-62.7) (Ord. No. 2331, 2379; 2768)
(A) In addition to the other remedies of this chapter the city attorney is authorized to:
(1) Commence a civil action in the superior court to enforce all or any of the provisions of any abatement order;
(2) Commence a civil action, including seeking a receivership, to abate a public nuisance as an alternative to, or in conjunction with, an administrative proceeding pursuant to this chapter.
(B) In any civil action, administrative or special proceeding brought to abate a public nuisance, the prevailing party will be entitled to recover attorneys’‘ fees; provided, that attorneys’ fees will only be available in those actions or proceedings in which the city has provided notice at the commencement of such action or proceeding that it intends to seek and recover its own attorneys’ fees. In no action or proceeding shall an award of attorneys’ fees exceed the amount of reasonable attorneys’ fees incurred by the city in the action or proceeding.
(Ord. No. 2919)
ARTICLE X. SHOPPING CARTS
The city council finds and declares that the accumulation and storage of wrecked, dismantled, or abandoned shopping carts, or parts thereof, on public or private property reduces property values, promotes blight and deterioration, constitutes an attractive nuisance creating a hazard to the health and safety of minors, and is aesthetically displeasing and injurious to the health, safety and general welfare of the community. Therefore, the presence of wrecked, dismantled, or abandoned shopping carts, or parts thereof, on public or private property, is declared to constitute a public nuisance which may be abated as such in accordance with the provisions of this chapter.
(`64 Code, Sec. 19-70.1) (Ord. No. 2380)
For purpose of this article, the following words shall have the following meanings:
(A) PUBLIC PROPERTY - Includes, but is not limited to, all areas dedicated to public use for parks, parking lots, street purposes, roadways, parkways, alleys, sidewalks, flood control channels and any public right-of-way.
(B) SHOPPING CART - A metal or plastic basket that is mounted on wheels or a similar device generally used in retail establishments by a customer for the purpose of transporting goods of any kind.
(`64 Code, Sec. 19-70.2) (Ord. No. 2380)
(A) When a shopping cart is left standing on any public or private property, the shopping cart shall be deemed to be abandoned and to constitute a public nuisance. This subsection shall not apply to shopping carts left standing on the private property of the owner of the shopping cart, as such owner is identified by the sign affixed to the shopping cart as required by section 7-170.
(B) If a shopping cart is left standing on any public or private property or if the shopping cart does not bear the sign required by section 7-170, the owner of the shopping cart shall be responsible and liable for the costs of removal and storage of the abandoned shopping cart.
(C) The city manager may exempt a shopping cart owner from the provisions of subsection (B) of this section if the shopping cart owner has implemented a plan whereby the shopping cart owner's employees retrieve shopping carts, or whereby the shopping cart owner has entered into a contract with a shopping cart retrieval service and has provided the city manager with proof of such contract, provided the frequency of the shopping cart retrieval service is satisfactory to the city manager.
(`64 Code, Sec. 19-70.3) (Ord. No. 2380)
The provisions of this chapter shall be administered and enforced by the city manager, who may enter onto public or private property to examine a shopping cart or parts thereof, to obtain information as to the identity of a shopping cart and to cause the abatement and removal of shopping carts declared to be a nuisance.
(`64 Code, Sec. 19-70.4) (Ord. No. 2380)
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