(A) Definitions. For purposes of this section, the terms defined have the following meanings.
ABATEMENT. Includes, but is not limited to the removal, stoppage, extermination, eradication, cleaning, cutting, mowing, grading, repairing, draining, securing, barricading, fencing, demolishing or destroying that which causes or constitutes a nuisance.
ANNOYANCES. Any condition that unreasonably annoys, injures or endangers the safety, health, morals, comfort or repose of any considerable number of members of the public.
COMPLIANCE DEADLINE. Either 48 hours after the notice is received or posted or such other date by which the nuisance must be removed, as specified in the notice.
EMERGENCY ABATEMENT. The abatement of the nuisance by the city, or a contractor employed by the city, by removal, repair or other acts without notice to the owner, agent or occupant of the property except for the notice required by this code.
ENFORCEMENT OFFICER. Any employee or agent enumerated in City Code § 10.17 or any duly authorized representative thereof.
OBSTRUCTIONS. Objects or conditions that interfere with, endanger or prevent the ordinary or safe use of any property.
OWNER. Any person shown to be the property owner of record.
PROPERTY. Any real property, premises, structure or location on which a public nuisance is alleged to exist.
PUBLIC NUISANCE or NUISANCE. Any substance, matter, emission or thing that creates a dangerous or unhealthy condition or that threatens the public peace, health, safety or sanitary condition of the city or that is offensive or has a blighting influence on the community and is found upon, in, being discharged or flowing from or onto any street, alley, highway, vehicle, water, excavation, building, erection, lot, grounds or other property located within the city.
RESPONSIBLE PARTY. Any one or more of the following:
(a) Agent;
(b) Contract for deed holder;
(c) Mortgagee or vendee in possession;
(d) Lessee; or
(e) Other person, firm or corporation exercising apparent control over a property.
(B) Public nuisance. Public nuisance includes, but not limited to, the following:
(3) Violations of City Code Chapter 92 (general health provisions);
(5) Violations of City Code § 94.18 (Unsheltered Storage and Inoperable or Abandoned Motor Vehicles);
(6) Violations of City Code Chapter 94;
(7) Violations of City Code Chapter 132 (Graffiti);
(8) Firewood stored either in excess of 200 cubic feet or firewood stored in excess of six feet in height;
(9) Grass or weeds that have grown to a height of eight or more inches or that have, or are about to go to seed;
(10) Obstructions, which include, but are not limited to:
(a) Snow and ice not removed from public sidewalks within 24 hours after its accumulation.
(b) Rain, ice or snow or wastewater falling or flowing from private property or buildings onto public property, except gutters, drainage ways and storm sewers.
(c) Use of public street or sidewalk or use of property abutting a public street or sidewalk that causes large crowds of people to gather, obstructing traffic, streets or sidewalks, except in accordance with the regulations of the city.
(d) Signs, awnings, vegetation or other objects located on private property that are not constructed and maintained as required by law that prevent persons from having a clear view of all traffic approaching an intersection, or that overhang and obstruct public property.
(e) Digging, excavating or doing any act that alters or effects the drainage of property or alters or effects flows of the public storm sewer and drainage ditch system, except in accordance with the regulations of the city.
(f) Depositing snow onto a neighbor’s property or into the right-of-way.
(11) Annoyances, which include, but are not limited to noises, odors, vibrations or emissions of smoke, fumes, gas, soot, cinders or ash;
(12) Engaging in any business, activity or conduct that is dangerous, hurtful, unwholesome, offensive or unhealthy to the neighborhood, or which constitutes an annoyance to the persons in the neighborhood, or is detrimental to the property in the neighborhood or to the general public;
(13) Permitting, suffering, maintaining or failing to remove any offensive, nauseous, hurtful, dangerous or unhealthy condition resulting from a failure to properly dispose of garbage, sewage, waste, debris or any other unwholesome or offensive substance, liquid, or thing upon one’s premises, or dropping, discharging, passing, depositing or otherwise delivering the same upon the premises of another or public property;
(14) Constructing, maintaining, permitting or suffering upon one’s property any billboard, sign, poster or advertisement, or to post, publish, promulgate, broadcast, display, issue or circulate any insulting, profane or abusive emblem, sign or device, or blasphemous written or printed statement, calculated or such as is likely to cause a breach of the peace;
(15) Displaying, circulating, issuing, posting or publishing any slanderous or obscene, immoral or lewd pictures, posters, literature, writings, drawings or oral statements;
(16) Any fence, wall, shed, deck, house, garage, building, structure, tree, pole, smokestack, excavation, hole, pit, basement, cellar, sidewalk, dock, lot, land, yard, premises or location which by reason of the condition in which it is found or permitted to be or remain, does or may endanger the health, safety, life, limb or property, or cause any hurt, harm, inconvenience, discomfort, damage or injury to any one or more individuals in the city
(17) Any other activity, place or thing that is defined in this code as a nuisance or public nuisance or any other violations of the city code or zoning ordinance that are a danger to the health, safety and general welfare of the citizens of the city.
(C) Exceptions. Activities undertaken by the Economic Development Authority or the City Council under the Quality Housing Program or any other bona-fide redevelopment initiative are not subject to the requirements of this section.
(D) Violations.
(1) No person shall, directly or indirectly or by omission, create a nuisance.
(2) No responsible party shall allow a nuisance to remain upon or in any property, structure or vehicle under that person’s control.
(E) Emergency abatement. Whenever the city is made aware of the existence of a public nuisance, the city will cause to be inspected the property on which it is alleged that such a public nuisance exists. Should the Enforcement Officer determine that a public nuisance exists and that the public health, safety or welfare may be in immediate danger, then emergency abatement procedures will be implemented and the city may cause the nuisance to be removed or abated. When emergency abatement is authorized, notice to the owner, agent or occupant of the property is not required. Following emergency abatement, the city will post a notice on the property describing the action taken to abate the nuisance.
(F) Abatement; notice.
(1) General rule. If, after inspecting the property, the Enforcement Officer declares the existence of a public nuisance but the nature of the nuisance is not such as to require emergency abatement of the nuisance, then regular abatement procedures will be followed.
(2) Notice.
(a) In cases where emergency abatement of a public nuisance is not required, the Enforcement Officer will serve a notice on the owner or responsible party, by regular mail, or by personal service, ordering the owner or responsible party to remove the public nuisance. The notice will contain the following information:
1. Description of the property upon which the nuisance is situated;
2. The nature of the nuisance to be abated;
3. State that in the event the owner or responsible party does not comply with the notice, the necessary work may be performed by the city;
4. State that if the owner or responsible party does not pay for the expense, the cost of the work will be assessed against the property; and
5. A compliance deadline. The notice will require that the public nuisance must be removed within 48 hours after the date of receipt of the notice unless another compliance deadline is stated.
(b) If the owner of the property or responsible party cannot be found, the notice will be posted on the property for a period of 48 hours, after which period the city may perform any necessary work. Notice by regular mail and notice by posting may be done simultaneously.
(G) Disclosure of responsible party.
(1) Upon the request of the Enforcement Officer, an owner or responsible party shall disclose the name of any other owner or responsible party known. This shall include the person for whom he or she is acting, from whom he or she is leasing the property, to whom he or she is leasing the property, or with whom he or she has any conveyancing contract.
(2) An owner or responsible party shall, upon the request of the Enforcement Officer, provide the Officer with access to all interior portions of any occupied or unoccupied building in order to permit the Officer to make a complete inspection.
(H) Authority to abate.
(1) The Enforcement Officer is authorized to enter in or upon any property or structure for the purpose of enforcing and assuring compliance with the provisions of this section.
(2) If the public nuisance has not been removed by the compliance deadline, the city has the authority to enter upon the property and abate the public nuisance. In abating the nuisance, the city may go to whatever extent necessary to complete the abatement of the public nuisance. The city may call upon any of the city departments or divisions for whatever assistance is deemed necessary or may by private contract cause the abatement of the public nuisance. If any material derived from the abatement is salvageable, and no notice of appeal is received by the city pursuant to division (J) below, the city may sell the salvaged material at private or public sale with the proceeds from the sale going to the city’s community development.
(I) Invoice. If the city performs the work pursuant to division (H) above, the city will maintain a record showing the cost of the work attributable to each separate lot and parcel, including administrative costs. Abatement costs shall include, but are not limited to, the cost of the abatement, the cost of investigation, such as title searches, inspection and testing, the cost of notification, filing costs and administrative costs, including an overhead charge of up to 25% for administrative costs.
(J) Appeals. An owner or responsible party may appeal by following the procedures set forth in City Code § 10.98. Any personal property of value or salvageable property coming into possession of the city during the course of the abatement pursuant to division (H)(2) above will be stored by the city pending the outcome of the appeal.
(Ord. 19-09, passed 6-24-2019)