[Ord. No. 3314 §3, 3-6-1995]
A.
It
shall be unlawful for any person to abandon a motor vehicle on the
right-of-way of any public road or highway, or on or in any of the
waters of the City or on the banks of any stream, or any land or water
owned, operated or leased by the State or City, any Board, Department,
Agency or Commission thereof, or any political subdivision of this
State, or on any land or water owned, operated, or leased by the Federal
Government or on any private real property owned by another without
his/her consent.
B.
It
is hereby declared a nuisance to maintain any partly dismantled, wrecked,
dilapidated, abandoned or inoperative automobile or other motor vehicle
or parts thereof which are found upon any private property, and which
are not housed in a garage, basement or other enclosed building or
except as authorized by the Zoning Code of the City. Any motor vehicle
or automobile or any elements thereof found disassembled upon private
property shall be considered to be dismantled, abandoned, wrecked
or dilapidated for the purpose of this Section when such automobile
or other vehicle is found lacking essential component parts which
prevent it from being immediately operative under its own power or
which vehicle or automobile is not properly licensed.
C.
No
person shall create, cause, permit or maintain a nuisance, as defined
by this Section.
1.
Whenever it comes to the attention of the City, or the City becomes
aware of the existence of a nuisance, the City shall investigate the
nuisance and have prepared a report concerning the same. If a nuisance
is found to exist, a warning notice shall be left with any person
occupying such property, whether such person is the owner, renter
or lessee thereof, by delivering such warning notice to such person,
or if no one is present in the property or refuses to accept the notice,
then by posting the warning notice on the front, or side or rear entrance
to the residence or building.
2.
The warning notice provided in Subparagraph (1) shall contain:
a.
The address or legal description of the property;
b.
The ordinance number of the ordinance being violated;
c.
The nature of the violation, and the date by which such violation
shall be removed or abated; and
d.
A notice of the penalty for failure to remove or abate the nuisance,
stating that if the nuisance reoccurs by the same occupier, owner
or person in charge, a summons will be issued without further notice.
3.
If the nuisance occurs on unimproved property or where the residence
or building is unoccupied, the property may be posted as provided
in Subparagraph (1), and if the property is unimproved by placing
the notice upon a tree or other object upon such property, as may
be available.
4.
A notice in writing containing the same information as provided on
the warning notice provided in Subparagraph (1) shall be sent to the
owner or any other person having control of the property at the last
known address of the owner, or at the address of the person having
control, by ordinary mail, postage prepaid.
D.
Once
a notice has been given to the head of the household, the renter,
the lessee, or the person having control or the owner of a lot or
tract of land in or on which a nuisance has been created or maintained,
and after abatement thereof, the same nuisance recurs in or on the
same lot or tract of land by the same person or persons responsible
therefore, no further notice need be given. Thereafter such responsible
person or persons may be summoned into Municipal Court to answer to
the charges against him/her. In addition to the court costs normally
assessed in all such cases, there shall be added thereto all costs
incurred by the City in abating the nuisance, as set out in this Section.
E.
Upon
neglect or failure to act upon the warning notice by the property
owner, the City shall issue a summons as follows:
1.
If a warning notice is given as provided in this Section, and if
after the time for removal or abatement has lapsed the property is
reinspected and the inspecting officer finds and determines that the
nuisance has not been removed or abated, the inspecting officer shall
fill out and sign as the complainant a complaint and information form,
hereinafter referred to as a summons, directed by name to the occupant,
owners, or person in charge of the property, showing the address or
legal description of property on which the nuisance is located, and
such other information as may be available to the inspecting officer
as shown on the summons, and specifying the Section of the Chapter
which is being violated and setting forth in general the nature of
the nuisance, and may serve the summons on the occupant, owners, or
person in charge, or any or all of such persons. The summons shall
contain a date on which the case will be on the Municipal Court docket
for hearing. The City Attorney or Assistant City Attorney shall sign
the original copy of all such summons, and the original thereof shall
be forwarded to the Clerk of the Municipal Court for inclusion on
the court's docket for the date shown on the summons.
2.
If no one is found at the property to accept a summons for failure
to remove or abate a nuisance, the inspecting officer shall fill out
and sign the summons as the complainant as provided in Subparagraph
(1) and deliver the original and one (1) copy of the summons to the
Clerk of the Municipal Court, who shall verify or insert the date
that the case has been set for hearing before the Municipal Court.
The Clerk shall then mail the copy of the summons by ordinary mail,
postage prepaid to the person named therein at the address shown on
the summons, or at such other address as the person charged therewith
may be found, or shall be known to reside. If the mail is duly addressed
to the person named in the summons at the address as provided above
and is not returned to the City, it shall be deemed to have been delivered
and received by the person to whom addressed.
3.
If the occupant, owner or person in charge of property for which
a warning notice has been given to remove or abate a nuisance, fails
to remove or abate the nuisance in the time specified in the notice,
whether on public or private property, the City may remove the same
and thereby abate the nuisance and, if necessary, may lawfully enter
upon the property on which the nuisance remains unabated to remove
or abate such nuisance at the costs of the person or persons responsible
for creating or maintaining the nuisance, if the cause therefor lies
with any of the persons as defined in this Section.
4.
All costs and expenses incurred by the City in removing or abating
any nuisance on any private property may be assessed against the property
in the form of a special tax bill, which special tax bill shall become
a lien on the property. Alternatively, the cost of removing or abating
the nuisance, whether on public or private property, may be made a
part of the judgment by the Municipal Judge, in addition to any other
penalties and costs imposed, if the person charged either pleads guilty
or is found guilty of causing, creating or maintaining a nuisance
on public or private property.
5.
In all cases where the nuisance on public or private property is
the first offense for the person charged therewith, the warning notice
provisions of this Section shall be observed. The notice shall specify
the number of days in which the nuisance shall be removed or abated,
which time shall not be less than three (3) days nor more than ten
(10) days, except in emergency cases.
6.
In all cases where the nuisance on public or private property is
a repeat offense on such property, the warning notice provisions of
this Section shall be observed.
F.
Each
violation of this Section shall be a misdemeanor, punishable by a
fine of not less than five dollars ($5.00) and not more than five
hundred dollars ($500.00) or by imprisonment for a period not to exceed
three (3) months or by both such fine and imprisonment.
