A. Nuisance: The accumulation of animal feces on any private property is hereby declared a nuisance.
B. Accumulation: Every person who is the owner or occupant of private property or the agent in charge of such property is charged with the duty of keeping such property free of any accumulation of feces.
C. Definition: "Accumulation" for purposes of this section shall mean:
1. Any quantity that constitutes a hazard to the health, safety, or convenience of persons other than the owner of the animal; or
2. Any quantity that interferes with the use or enjoyment of any neighboring property as the result of odors, visual blight, or attraction of insects or pests.
D. Notice To Remove:
1. Each owner, occupant, or agent having charge of such property who is notified in accordance with the provisions set forth herein by the duly authorized agent of the City to remove such feces shall be charged with the duty of removing such feces and satisfactorily disposing of the same within twenty four (24) hours of the effective date/hour of the notice to do so.
2. Notice of violation shall set forth in writing the date of inspection, the address of the property found in violation and the fact that an accumulation of feces was observed.
3. If the premises where an accumulation of feces is found contains only a single-family dwelling, then notice shall be directed to the occupant of such premises whether such occupant be the owner or lessee. If the premises where the accumulation of feces is found contains more than one (1) dwelling unit, then notice shall be directed to the record owner of such premises or the agent in charge of the premises.
4. The effective date and hour of a notice issued under this section shall be determined in accordance with how notice was served:
a. If copy of the notice is delivered to an owner of record personally or to any adult occupant of the premises personally or to the agent in charge of such premises personally, the effective date/hour is the date and hour so personally served; or
b. If copy of the notice is delivered to the usual place of abode of an owner and left with a person in the owner's family of thirteen (13) years or older and of suitable discretion, who shall be informed of the contents thereof, and concurrently, a copy of the notice is sent by first class mail addressed to the usual place of abode of such owner; said notice becoming effective upon the date of personal service upon such suitable family member; or
c. If a copy of the notice is sent by certified or registered mail addressed to an owner of record at his or her last known address and receipt thereof is returned with the signature of the owner of record, then the effective date/hour of said notice shall be twelve o'clock (12:00) midnight of the date following the date signed for as evidenced by the return of mail received.
5. Failure of the owner, occupant or agent in charge of such property to satisfactorily remove and dispose of such feces within twenty four (24) hours of the effective date/hour of the notice to remove the same shall subject such person to a fine of no less than one hundred dollars ($100.00) and not more than two hundred fifty dollars ($250.00).
E. Second Or Subsequent Violations - Notice Not Required: After an owner, occupant or agent having charge of property is once notified of a violation of this section, and regardless of whether that person complies with that notice, a second or subsequent instance of accumulation violating this section shall not require any notice to that person, and shall constitute a violation subjecting that person to a fine of not less than two hundred fifty dollars ($250.00) and not more than five hundred dollars ($500.00). (Ord. 2007-12-10, 12-10-2007)