§ 151.116  VIOLATION; ABATEMENT.
   (A)   Except as otherwise stated, violations of this chapter shall be treated as strict liability offenses regardless of intent.
   (B)   An owner or controller of non-owner occupied property or unoccupied property that is found to be in violation of any article of this chapter shall be responsible for a municipal civil infraction as set forth in Ch. 37 of this code of ordinances.
   (C)   (1)   Properties subject to this subchapter shall at all times be kept free of weeds, dry brush, dead vegetation, trash, junk, building materials, and the accumulation of other debris and shall otherwise comply with the city property maintenance code. Additionally, the property shall be maintained free of graffiti, tagging, and similar markings. Yards shall be landscaped and maintained pursuant to this subchapter.
      (2)   If the property has not been maintained, the city may maintain the property and assess costs to the owner or controller. Such assessments may become a lien against the property.
   (D)   (1)   Properties subject to this subchapter shall at all times be maintained in a secure manner so as not to be accessible by unauthorized persons. The city shall have the authority to require the owner or controller to implement additional maintenance and/or security measures as deemed necessary.
      (2)   If a property has not been secured, the city may secure the property and assess costs to the owner or controller. Such assessments may become a lien against the property.
   (E)   (1)   Failure to properly maintain or secure either non-owner occupied property or unoccupied property will be deemed a nuisance for which the city may issue a written notice to correct. The city may abate any such nuisance upon the failure of the owner or controller of the property to take abatement action within ten days of the written notice to correct. When the city has abated such a nuisance, the cost of the abatement, including any applicable administrative charges, will be billed to the owner of the property. Such billing shall be a personal debt of the owner to the city, which may be collected as other personal debts, as enforcement costs or by restitution orders as allowed by law, or which may be assessed as a lien against the property, including interest thereon, until paid.
      (2)   The owner of the property where such a nuisance exists is also responsible for a Class D municipal civil infraction as set forth in § 94.002 of this code of ordinances.
   (F)   (1)   On each occasion that a resident in a non-owner occupied property, any members of the resident's household, or a guest or other person under the resident's control commits a quality of life violation, the City Manager or designee shall send notice of such violation to the owner or controller. Upon the occurrence and notice of three quality of life violations by a resident, any members of the resident's household or a guest or other person under the resident's control, with respect to any non-owner occupied property within any 12-month period, the non-owner occupied property will be deemed a nuisance.  An unsuccessful good faith attempt to evict the offending resident, after commission of two quality of life violations, shall constitute an absolute defense. It is not a violation if the owner or controller reported the violation.
      (2)   The owner of the property where such nuisance exists is responsible for a Class F municipal civil infraction, subject to payment of a civil fine as set forth in § 37.07, plus costs and other sanctions for each infraction. Repeat offenses shall be subject to increased fines as provided by § 37.07.
(Prior Code, § 151.100)  (Ord. O-151, passed 9-23-2013, effective 10-3-2013; Ord. O-160, passed 4-20-2015, effective 4-30-2015; Ord. O-209, passed 4-1-2019, effective 4-11-2019; Ord. O-212, passed 8-19-2019, effective 8-29-2019)