It shall be unlawful and a nuisance for any person, firm or corporation to permit to remain or exist on any property under his or its control any stagnant pool of water or any depression in the ground in which water may collect and become stagnant.
(A) It shall be the duty of every police officer to report, in writing, at the end of each month to police headquarters the locations in the city which are in violation of this section. The Police Chief shall convey these reports to the City Council at its next meeting.
(B) When directed by the Council, it shall be the duty of the Police Chief to serve or cause to be served a notice upon the owner or occupant of any premises upon which a depression exists, as described above, demanding the nuisance be abated within ten days.
(C) If the person so served does not abate the nuisance within ten days, the Council, through its servants, may proceed to abate the nuisance, keeping account of all the expenses of the abatement and that expense shall be charged and paid by the owner or occupant.
(D) Charges for the abatement of the nuisance shall be a lien upon the premises. When a bill for charges remains unpaid for 60 days after it has been rendered, the Clerk-Treasurer may file with the County Recorder of Deeds a statement of lien claim. This statement shall contain a legal description of the premises, the expenses and costs incurred, the date thereof and a notice that the city claims a lien for this amount. Notice of the lien shall be mailed to the owner of the premises, if his or her address is known. Failure of the Clerk-Treasurer to record the lien claims or to mail the notice, or the failure of the owner to receive the notice, shall not affect the right to foreclose the lien for the charges as provided in the following division.
(E) Property subject to a lien for failure to abate the nuisance described above shall be sold for nonpayment of the same and the proceeds of the sale shall be applied to pay the charges after deducting costs, as is the case in the foreclosure of statutory liens. The foreclosure shall be in the name of the city. The City Attorney is hereby authorized and directed to institute these proceedings, in the name of the city, in any court having jurisdiction over these matters, against any property for which the bill has remained unpaid 60 days after it has been rendered.
(Ord. 1974-4, passed 12-3-74) Penalty, see § 10.99