(A) If an officer charged with the enforcement of this chapter shall determine that a person has violated any provision of this chapter, such officer may issue a citation.
(B) If an officer charged with the enforcement of this chapter shall determine that a situation exists which immediately affects or threatens the health, safety and well-being of the general public, and that immediate action is necessary, such officer may take such action as shall be necessary, including issuing citations for violations of the terms and provisions hereof to the owner and/or occupant of the property upon which such condition exists, as may be deemed appropriate and necessary.
(C) If an officer charged with enforcement of this chapter determines a situation constitutes an immediate threat to the public health, safety and welfare, and the owner or occupant of the property is absent or fails to immediately remedy the violation, the City Council may, at a regular session or at an emergency session called for the purpose of considering the issue, upon evidence heard, determine that an emergency exists and order such action as may be required to protect the public health, safety and welfare. In such event, the city may prosecute an action in any court of competent jurisdiction to recover its costs.
(D) If any owner or occupant shall fail or refuse to remedy any of the conditions prohibited by this chapter within the amount of time prescribed in a written notice by the code enforcement officer, Chief of Police, or such designee, the city may do such work or cause the same to be done, and pay therefore, and charge the expenses in doing or having such work done or improvements made to the owner(s) of the property, and such charge shall be a personal liability of such owner to the city.
(E) Notices required pursuant to this chapter shall be in writing. Such notices may be served upon such owner and/or occupant as follows: in person by an officer or employee of the city; by letter addressed to such owner or occupant at his/her post office address; or, if personal service may not be had, or the owner or occupant's address be not known, then notice may be given by publishing a brief summary of such order at least once in the official newspaper of the city or by posting a notice on or near the front door of each building on the property upon which the violation relates, or, if no building exists, by posting notice on a placard attached to a stake driven into the ground on the property to which the violation relates. The notice shall state “Sanitary Improvements,” “To Whom It May Concern” and a brief statement of the violation(s). Service of the notice by any one of the above methods, or by a combination thereof, shall be deemed sufficient notice.
(F) If an owner is mailed a notice in accordance with division (E) and the United States Postal Service returns the notice as “refused” or “unclaimed” the validity of the notice is not affected, and the notice is considered as delivered.
(G) Notices provided by mail or by posting as set forth in division (E) may provide for year round abatement of the nuisance and inform the owner that should the owner commit any other violation of the same kind that pose a danger to the public health and safety on or before the first anniversary of the date of the notice, the city without further notice may abate the violation at the owner's expense and assess the costs against the property.
(H) Persons littering, in violation of §§ 90.015 et seq. or causing or creating a prohibited nuisance in the presence of a person authorized to enforce this chapter may be cited or a complaint filed for such violation without notice of the violation, or warning, and such citation or complaint shall be filed in the Municipal Court of the City of Trinidad.
(Ord. 2008-005, passed 8-19-2008; Am. Ord. 2009-013, passed 10-20-2009; Am. Ord. 2018-002, passed 3-20-2018)