A. Enforcement: The creation or maintenance of a violation of this Code is prohibited and shall constitute a civil infraction. Each day that a violation is permitted to continue constitutes a separate offense.
1. All inspections, enforcement actions, and hearings on violations, unless expressly states to the contrary, shall be under the direction and supervision of an Enforcement Officer, who may appoint or designate other public officers or employees to perform duties as may be necessary to enforce this Code, including inspections and holding of hearings. The Enforcement Officer is hereby authorized to abate such violations in accordance with the procedures of this Code and to serve notices to abate same, whether upon the owner or other responsible party for a premises upon which a violation is being maintained, or upon the person or persons causing or maintaining a violation.
2. If a violation is found to exist on an owner-occupied premises and the owner demonstrated that the cost of remedying such violation would exceed the household's annual disposable income and thereby cause a financial hardship, enforcement shall be held in temporary abeyance until a means of financing or assistance can be identified.
3. The objective of this Code is the abatement and/or removal of violations of this Code. Violations may be addressed by maintenance of an administrative abatement process; the municipal infraction process; by court proceeding; or by City abatement and assessment of cost therefor against the responsible party or assessment of cost against the property, in the discretion of the City. In determining whether to use the administrative abatement process or court proceedings, consideration will be given to evidence of whether an imminent health or safety hazard exists or whether the person has previously been notified of or charged with violations of the same or other provisions of the Code in the past.
4. It is further provided by this Code that if the City determines that an emergency exists which creates a dangerous and imminent health or safety hazard to persons, property or the general public which requires immediate action, the City may order such action as may be necessary to meet the emergency. Any orders issued pursuant to this paragraph shall be effective immediately or in the time and manner prescribed in the order itself.
B. Enforcement of Weeds or Grasses Violations under Section 7-4-1 thru 7-4-4 of the Steamboat Rock Code of Ordinances: In the event the Enforcement Officer chooses to utilize administrative abatement to address violations of Section 7-4-1 of this Chapter, the said Enforcement Officer shall send a written notice to abate via certified mail to the owner of the property wherein the violation exists, which notice shall advise the owner of the said property that such weeds or grasses shall be cut or destroyed within seven (7) days of the date of the mailing of the notice. The owner may request a hearing before the Council to contest the existence of the violation. The request for hearing shall be in writing and shall identify the reasons why the owner contests the officer's determination and shall be delivered to the City Clerk before the end of the fifth (5th) day after mailing of the notice to the property owners. If no request for hearing is filed, the officer may cut or destroy the weeds or grasses or vegetation and may assess the costs thereof against the property unless the cost is paid within thirty (30) days of the invoice date by the owner. If a request for hearing is made, no action shall be taken to cut or destroy the weeds or grasses, unless such weeds or grasses shall be located within the sidewalk and the traveled portion of any street in the City, which grasses or weeds may be cut immediately by the Enforcement Officer. Any hearing so requested shall be held within three (3) days of the date of the request therefor.
C. Notice to Abate - Contents: The notice to abate shall contain:
1. Description of Nuisance: The description of what constitutes a nuisance.
2. Location of Nuisance: The location of the nuisance.
3. Acts Necessary to Abate: A statement of the act or acts necessary to abate the nuisance.
4. Reasonable Time: A reasonable time within which to complete the abatement.
5. Assessment of City Cost: A statement that if the nuisance or condition is not abated as directed and no request for hearing is made within the time prescribed, the City will abate it and assess the costs against such property to be collected as taxes.
6. Request for Hearing: A statement that the responsible person may request a hearing before the Council and the time within which the request must be filed.
D. Notice: When service of a notice to abate is required, the following methods of service shall be deemed adequate:
1. By certified mail upon the owner or other responsible party of the property upon which the nuisance exists, or upon the persons causing or maintaining the violation. In the event that the property is a leased premise, one notice shall be directed to the owner of the property and a copy shall be directed to the tenant on the property.
2. If service cannot be made under paragraph A of this subsection, any two (2) of the following methods of service shall be considered adequate.
a. Personal service upon the owner or other responsible party.
b. Publication of notice once a week for two (2) consecutive weeks in a newspaper of general circulation in the City.
c. By posting the notice in a conspicuous place on the property or building deemed to be a nuisance.
E. Request for Hearing: Any person affected by any notice to abate a violation of this Code may request a hearing on the matter before the Council, provided that a written request for hearing is filed with the City Clerk within five (5) days after the notice to abate was mailed. The appeal shall be filed on a form provided by the City for that purpose and shall state the particular section of the chapter or interpretation thereof being appealed, and a brief statement of the grounds upon which the request for hearing is made. Failure to file a timely request for hearing as prescribed herein shall constitute a waiver of the right to a hearing, and the notice to abate shall become final. The Council's determination an order shall be appealable to the Hardin County District Court by writ of certiorari. Such request for hearing shall be filed within twenty (20) days from the date of the Council's decision. The Council's order shall not be carried out until the time for the filing of the writ of certiorari has expired. The timelines herein shall not apply to the provisions relating to weed or grass control under Section 4-8-7 of this chapter.
F. Abatement Remedies and Penalties: In the event that the violation is not abated as ordered and within the time specified, the City may abate such violation by any of the following means: (i) by undertaking such abatement and assessing the costs therefor against the property; (ii) by issuance of a civil citation charging the owner or responsible party with a municipal infraction. Abatement may include but is not limited to repair, removal, cleaning, extermination, cutting, mowing, grading, sewer repairs, draining, securing, barricading or fencing, demolition of dangerous or abandoned structures or portions thereof, and elimination of nuisances. Abatement costs may include the cost of removing or eliminating the violation; the cost of investigation, such as title searches, inspection, and testing; the cost of notification; filing costs, and other related administrative costs. Inoperative or obsolete vehicles which have been impounded may be sold in accordance with State Law. If a municipal infraction is sustained, the Court may order any one or more of the following:
1. Enter judgement against the person and/or property of defendant for the costs of abatement.
2. Levy a civil penalty against the defendant of up to seven hundred fifty dollars ($750.00) for the first offence and up to one thousand dollars ($1000.00) for repeat offences.
3. Order abatement of the violation in any manner.
4. Assess costs of abatement against the premises.
G. Emergency Abatement Procedure: If the Enforcement Officer determines that a violation exists and constitutes an imminent, clear, and compelling danger to health, safety or welfare of persons or property, the Enforcement Officer is authorized to abate the violation, or have it abated without prior notice and opportunity for hearing. The costs of such action may be assessed against the premises. However, prior to such assessment, the City shall give a property owner notice and opportunity for a hearing before the Council in accordance with Section 4-8-11E. of this section. (Ord. 20-3, 713-2020)