(a) Conditions. The following conditions are found and declared to be conducive to harboring mice and rats and are hereby declared to be nuisances and prohibited:
(1) Broken, cracked or defective ceilings, walls, floors or foundations in which are holes or cracks of a size sufficient to permit a rat or mouse to pass through;
(2) Material, including rubbish, debris, or firewood piled, stored or kept on the premises, into, among or under which rats or mice have burrowed or may burrow;
(3) Buildings, foundations of buildings, appurtenances to buildings, floors, walks or driveways under which mice or rats have burrowed;
(4) Portable buildings, boxes, crates and materials, including rubbish, debris, or firewood piled, stored or kept so that they rest directly an the ground surface or less than eight inches above such surface;
(5) Garbage containers without watertight tops, sides and bottoms or without tightly fitting tops, around or under which mice or rats have burrowed or may burrow;
(6) Feeding of wild animals, birds or other wildlife, other than in suitable containers for food, elevated at least thirty-six inches above the ground level;
(7) Inoperable and unlicensed, dismantled, partly dismantled or wrecked vehicles or motor vehicles or parts thereof.
(Ord. 29-66. Passed 9-26-66; Ord. 05-10. Passed 1-25-10.)
(b) Inspection. For the purpose of determining whether the conditions specified in subsection (a) hereof exist, the Mayor or the Mayor's designee is hereby authorized to inspect such premises as may be deemed necessary.
(c) Notice of Nuisance. In addition to the penalties herein provided, the Mayor or the Mayor's designee may cause written notice to be served on the owner, lessee or occupant of such real estate. Such notice shall set forth the nature of the condition, the Mayor's or the Mayor's designee’s estimate of the cost of abating the same if done by the City, a reasonable time determined by the Mayor or the Mayor's designee within which the owner may abate such conditions, and the statement that unless the conditions are abated within the stated time, they may be abated by the City and the cost of abatement assessed on the real estate above mentioned. Such notice may be served by delivering it personally to the owner or leaving it at the owner's usual place of business or residence, or by posting it in a conspicuous place on the real estate above mentioned, or by mailing it to the owner, or by publishing it once in a newspaper of general circulation within this City if it cannot be served in any of the other ways above mentioned.
If the conditions are not abated within the required time, the Mayor or the Mayor's designee shall cause its abatement and shall report the cost thereof to Council, which may assess the same on the real estate on which the condition existed, or the cause or source thereof is located.
The Mayor or the Mayor's designee shall, however, furnish the owner, lessee or occupant of the real estate on which such condition exists with the statement of the cost of abating the same as soon as such cost can be ascertained, and shall notify the owner to pay such cost within such reasonable time as the Mayor or the Mayor's designee shall fix, but not less than thirty days. In case such cost is not paid within the time fixed by the Mayor or the Mayor's designee, the Mayor or the Mayor's designee shall report such fact to Council, which may assess the same on the real estate on which the condition exists. If such assessment is not paid in cash within thirty days from the date of assessment by Council, it shall be duly certified to the County Auditor as provided by law to be placed upon the tax duplicate and collected as other taxes are collected in annual installments
(d) Form of Notice. The notice referred to in subsection (c) hereof shall be in writing, shall bear the date of issuance and shall be signed by the Mayor, the Mayor's designee or Commissioner of Building. Any such notice may be served by registered mail directed to the person to be notified or by delivery to such person or to the premises affected by it by an employee of the City.
(e) Revocation of Food Handler's License. In the event that an inspection by representatives of the City shows the existence of any condition prohibited by subsection (a) hereof, and unless such violation of subsection (a) hereof is corrected within thirty days after notice to the occupant of the premises inspected, any City license permitting a licensee to handle or deal in foods or food products on the premises shall be revoked and canceled.
(f) Remedies Not Exclusive. The revocation or cancellation of any City license hereunder shall be in addition to any of the penalties, charges or assessments provided for in this section. No action taken under this section shall be held to require the granting, issuance or renewal of any license, nor shall the withholding of any City license be held a defense to any prosecution under this section.
(g) Compliance with Building Code. The construction and materials used in all work done under this section or in order to comply with its terms, shall conform with all requirements of the Building Code and other relevant ordinances of the City.
(Ord. 81-56. Passed 3-25-57.)
(h) Penalty. Whoever violates any of the provisions of this section is guilty of a misdemeanor of the fourth degree.
(Ord. 03-15. Passed 3-9-15.)