4-4-4: PUBLIC OFFICER:

The city shall designate a public officer to be charged with the administration and enforcement of this chapter. (Ord. 1148, 11-18-2013)

4-4-5: ENFORCEMENT STANDARDS:

No person shall be found in violation of this chapter unless the public officer makes a reasonable inquiry and inspection of a premises, and thereafter believes, and prepares written findings in support thereof, that a condition exists that is declared unlawful by section 4-4-6 of this chapter. (Ord. 1148, 11-18-2013)

4-4-6: UNLAWFUL ACTS:

It shall be unlawful for any person to allow to exist on any residential, commercial or industrial premises, conditions which are injurious to the health, safety or general welfare of the residents of the city or conditions which are detrimental to the aesthetic characteristics of adjoining properties, neighborhoods or the city. For the purpose of fair and efficient enforcement and administration, such unlawful conditions shall be classified as follows:

   A.   Exterior conditions (yard) shall include, but not be limited to, the scattering over or the leaving, depositing or accumulation on the yard of any of the following:

      1.   Lumber, wire, metal, tires, concrete, masonry products, paper, plastic products, supplies, equipment, machinery, auto parts, junk or refuse;

      2.   Furniture, stoves, refrigerators, televisions, sinks, bicycles, lawn mowers, or other such items of personal property;

      3.   Nauseous substances, carcasses of dead animals or places where animals are kept in an offensive manner; or

      4.   "Garbage" or "trash" as defined in section 4-4-3 of this chapter.

   B.   Exterior conditions (structure) shall include, but not be limited to, dilapidated, deteriorated, or in a state of disrepair, any of the following:

      1.   Exteriors of any structure;

      2.   Exteriors of any accessory structure; or

      3.   Fences, walls or retaining walls.

Unlawful conditions described in this section shall not include, and this section shall specifically exclude, color of paint or architectural designs or style selected or utilized on or for a structure. (Ord. 1148, 11-18-2013)

4-4-7: ORDER OF VIOLATION:

Any person found by the public officer to be in violation of section 4-4-6 of this chapter shall be sent a written order of violation (order) issued by the governing body or its designee. The code enforcement officer is hereby designated by the governing body for the purposes of issuing the order required herein. Such order shall be issued by the code enforcement officer after the inquiry, investigation and findings required by section 4-4-5 of this chapter. The order shall be sent by first class mail. If a person has failed to accept delivery or otherwise failed to effectuate receipt of an order sent pursuant to this section during the preceding twenty four (24) month period, the governing body may provide notice of the issuance of an order by any reasonable manner, including, but not limited to, door hangers, conspicuous posting of an order on the premises, personal notification, telephone communication, or first class mail. The order shall state:

   A.   The condition which has caused the violation of this chapter; and

   B.   That the person in violation shall have:

      1.   Ten (10) days from the date of the mailing of the order to abate the exterior conditions (yard) violation; and/or

      2.   Thirty (30) days from the date of the mailing of the order to abate the exterior conditions (structure) violation; or in the alternative to subsections B1 and B2 of this section;

      3.   Ten (10) days from the date of the mailing of the order, plus any additional time granted under subsection C of this section, to request, as provided in section 4-4-10 of this chapter, a hearing before the governing body on the matter.

   C.   Provided, however, that the governing body or its designee named herein shall grant one or more extensions to the time periods stated in subsections B2 and B3 of this section, if the owner or agent of the property demonstrates that due diligence is being exercised in the abatement of the conditions which have caused the violation of this chapter; and

   D.   That failure to abate the condition or to request a hearing may result in prosecution under section 4-4-8 of this chapter and/or abatement of the condition by the city according to section 4-4-9 of this chapter, with the costs assessed against the property under section 4-4-12 of this chapter. (Ord. 1148, 11-18-2013)

4-4-8: PENALTY:

The public officer may file a complaint in the municipal court against any person found to be in violation of section 4-4-6 of this chapter, provided however, that such person shall first have been sent an order as provided in section 4-4-7 of this chapter and that the person has neither abated the condition causing the alleged violation nor requested a hearing before the governing body within the time period specified in section 4-4-7 of this chapter. Any person found to be in violation of section 4-4-6 of this chapter, shall upon conviction, be guilty of a class C offense, punishable as in subsection 1-4-1A1c of this code. Upon a first conviction, a person shall be fined one hundred dollars ($100.00); for a second conviction within a five (5) year period, a fine of three hundred dollars ($300.00) shall be imposed; and for a third or subsequent conviction within a five (5) year period, a fine of five hundred dollars ($500.00) shall be imposed. For the purpose of this chapter, a separate offense shall be deemed committed on each day during or on which such violation is permitted to exist. (Ord. 1148, 11-18-2013)

4-4-9: ABATEMENT:

In addition to, or as an alternative to prosecution as provided in section 4-4-8 of this chapter, the public officer may seek to remedy violations of this chapter in the following manner. If a person to whom an order has been sent pursuant to section 4-4-7 of this chapter has neither abated the condition causing the alleged violation nor requested a hearing before the governing body within the time period specified in section 4-4-7 of this chapter, the public officer may present a resolution to the governing body for adoption authorizing the public officer or other agents of the city to abate the condition causing the violation at the end of ten (10) days after passage of the resolution. The resolution shall further provide that the costs incurred by the city shall be assessed against the property as provided in section 4-4-12 of this chapter. A copy of the resolution shall be served upon the person in violation in one of the following ways:

   A.   Personal service;

   B.   Service by first class mail; or

   C.   In the event the whereabouts of such person are unknown and the same cannot be ascertained in the exercise of reasonable diligence, an affidavit to that effect shall be made by the public officer and filed with the city clerk, and the serving of the resolution shall be made by publishing the resolution once in the official city newspaper and by posting a copy of the resolution on the premises where such condition exists. (Ord. 1148, 11-18-2013)

4-4-10: HEARING BEFORE GOVERNING BODY:

If a hearing is requested within the ten (10) day period as provided in section 4-4-7 of this chapter, such request shall be made in writing to the governing body. The hearing shall be held by the governing body as soon as possible after the filing of the request therefor and the person shall be advised by the city of the time and place of the hearing at least five (5) days in advance thereof. At any such hearing, the person may be represented by counsel, and the person and the city may introduce such witnesses and evidence as is deemed necessary and proper by the governing body. The hearing need not be conducted according to the formal rules of evidence. Upon conclusion of the hearing, the governing body shall record its determination of the matter by means of adopting a resolution and serving the resolution upon the person in the manner provided in section 4-4-9 of this chapter. Failure to make a timely request for a hearing shall constitute a waiver of the person's right to contest the findings of the public officer before the governing body. (Ord. 1148, 11-18-2013)