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§ 92.074 ABATEMENT BY CITY; COSTS LEVIED AGAINST PREMISES.
   When there exists on private property a condition which has been determined a nuisance by a city enforcement employee, a notice will be served in the matter specified in § 92.072. The notice will describe the matter to be removed or corrected and require removal or correction thereof within 14 days. The city health officer may shorten the timeframe for removal or correction if the health officer determines the nuisance item(s) presents a significant risk to the public health if not removed or corrected in less than 14 days. If the city health officer determines a shortened timeframe is appropriate in a particular case, the shortened timeframe shall be set forth in the notice. Any additional nuisance conditions not previously observed, or that may have been added to the property after the city’s inspection(s), must also be removed or corrected within the timeframe specified in the notice of violation. If at the end of the 14 days, or less as set forth in the notice, the nuisance has not been removed or corrected, the city shall have authority to cause the correction or removal and disposition. All costs incurred by the city for the removal and disposition of the nuisance or for correcting the nuisance shall be assessed, levied and collected as a special assessment payable in one sum or by up to five equal annual installments as the city council may provide against the premises from which it was removed, in the manner provided by law for the levy and collection of other special assessments.
(1992 Code, § 19-53) (Ord. 89-81, passed 11-2-1981; Ord. 58-07, passed 4-16-2007; Ord. 57-11, passed 8-8-2011)
§ 92.075 FUNDS FOR ABATEMENT AND REMOVAL.
   The city finance director shall maintain a subdivision of funds to be known as nuisance abatement and removal subdivision, upon which shall be drawn all warrants for the cost and expense of abatement and removal of nuisances and to which shall be credited collections of special assessments in accordance with § 92.074.
(1992 Code, § 19-54) (Ord. 89-81, passed 11-2-1981)
§ 92.076 ABANDONED PROPERTY.
   It shall be the duty of the health department or the police department to take possession of any article or property abandoned, left or placed on any public or private property, and if the property is believed to have any value, to keep it and make an attempt to find the owner thereof, and to retain any article so taken up by it. It shall be the duty of the departments to maintain a place for the keeping of any article until the article shall be claimed or otherwise disposed of, and the city shall have a lien thereon for the reasonable expenses incurred and value or cost of the time and effort necessary in taking, removing and storing the article and for the value of the storage in keeping thereof and may retain possession until any and all the liens are discharged.
(1992 Code, § 19-55) (Ord. 89-81, passed 11-2-1981)
§ 92.077 SMOKE NUISANCE.
   (a)   No person shall construct, maintain or use any incinerator, smokestack or chimney unless such shall be so constructed, operated or used so that the sparks, cinders, coal ashes, smoke or fumes therefrom shall not become injurious or dangerous to the health, comfort or to the property of individuals or the public, nor materially impair the comfort of persons or the value of property within the city. All smokestacks or incinerators used and operated shall be constructed and arranged in a manner and of a material as to be safe from causing fires and shall be of that height from the ground so as not in any manner to cause a violation of this section.
   (b)   Whenever any incinerator, smokestack or chimney is causing or in danger of causing a violation of this section, the owner or person responsible therefor shall at once cause the incinerator, smokestack or chimney to be reconstructed or repaired of proper and safe material or raised to a height or to be arranged within a reasonable time so that the incinerator, smokestack or chimney will be in compliance with the provisions of this section. The city council may, when any incinerator, smokestack or chimney is dangerous to the health or safety of the inhabitants, or injurious to a degree as to be a nuisance, order the incinerator, smokestack or chimney torn down or extended up or otherwise remedied so that it shall comply with this section. The building inspector shall report all cases of violations of this section to the council, together with his or her recommendations thereon.
(1957 Rev. Ords., § 7.802; 1992 Code, § 19-56) (Ord. 2677, passed 4-20-1970) Penalty, see § 10.999
§ 92.078 STORAGE OF FIREWOOD ON RESIDENTIAL PROPERTY.
   (a)   For the purposes of this section, unless apparent from the context, certain words and phrases used in this section shall be defined as follows:
      CORD OF WOOD. A unit of quantity for cut fuel wood, equal to 128 cubic feet in a stack measuring four feet by four feet by eight feet.
      FIREWOOD. Neatly stacked burnable wood cut into lengths of approximately one to two feet that require no further cutting of the wood prior to placing it in a wood burner or fireplace.
   (b)   No person shall store firewood on residentially zoned property, except for use on the premises and in conformance with the following.
      (1)   No more than six cords of firewood shall be stored at any time, without the written approval of the health and fire departments.
      (2)   A.   The firewood must be cut and neatly stacked and may not be stacked closer than five feet to any property line and not higher than six feet from grade.
         B.   Exception: Firewood may be cut and neatly stacked on or near the lot line or against a fence, provided that it is no higher than the fence and that it is located a minimum of six feet from any structure on adjacent property.
      (3)   All brush, debris and refuse from processing of firewood shall be promptly removed from the premises.
(1992 Code, § 19-56.1) (Ord. 39-88, passed 5-23-1988)
§ 92.079 DISPOSITION OF UNCLAIMED PROPERTY.
   If any abandoned article or property has been or is kept for 30 days or more without being claimed, the article or property may be disposed of by the health department according to the following.
   (a)   If of no value or slight value, it may be destroyed.
   (b)   If of slight value but of use to the city, it may be turned over to the proper department and used until claimed, and the charges hereby made a lien thereon shall be regarded as a sufficient offset to the value of any use.
   (c)   If of more than slight value, it may be sold by the department ten days after notice of the sale has been given by one publication in a legal newspaper published in the city, and the city may be a bidder at the sale. If on any sale an amount is bid in excess of the charges or lien of the city, the excess shall be deposited to the general fund of the city.
(1992 Code, § 19-57) (Ord. 89-81, passed 11-2-1981)
§ 92.080 ENFORCEMENT OFFICERS.
   In addition to police officers, the following persons are designated to function as enforcement officers:
   (a)   The public health director and his or her designated representatives;
   (b)   The landfill superintendent;
   (c)   Building inspectors;
   (d)   Parks, recreation and forestry department district foremen; and
   (e)   Parking patrol employees.
(1992 Code, § 19-58) (Ord. 89-81, passed 11-2-1981)
§ 92.081 RESPONSIBILITY OF OWNER, OCCUPANT TO MAINTAIN PREMISES.
   Every owner and occupant of a single or multiple dwelling shall be responsible for maintaining the areas of the premises in a clean and sanitary condition as specified in this subchapter.
(1992 Code, § 19-59) (Ord. 89-81, passed 11-2-1981)
INDUSTRIAL HYGIENE
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