[Amended 10-12-1998 by Ord. No. 632; 12-6-2007 by Ord. No. 773]
It shall be the duty of the Director of Planning
or other official designated to cause inspections to be made from
time to time of all portions of the City and the area surrounding
the City and within 1/2 mile of the City limits to determine whether
any condition exists or activity is being practiced which constitutes
a nuisance; and he shall cause an investigation to be made upon complaint
made by any responsible person.
[Amended 10-12-1998 by Ord. No. 632; 12-6-2007 by Ord. No. 773]
The Director of Planning or other official designated shall have right to enter upon private premises for the purposes specified in § 100-5 upon compliance with all applicable provisions of law. Unless it appears probable that advance warning would defeat the purpose of such entry, occupants of premises to be entered shall be given reasonable notice in advance, and, in any case, it shall be unlawful for any owner or occupant to prevent such entry which is sought to be made in compliance with law.
[Amended 10-12-1998 by Ord. No. 632; 12-6-2007 by Ord. No. 773]
If at any time the Director of Planning or other
official designated shall find that an activity or practice which
constitutes a nuisance is occurring within the City or within the
area surrounding the City and within 1/2 mile of the City limits,
he shall promptly and by the most expeditious means notify the violator
to cease and desist forthwith.
[Amended 10-12-1998 by Ord. No. 632]
A.
If at any time the Director of Planning or other official
designated shall find that a condition which constitutes a nuisance
exists within the City or within the area surrounding the City and
within 1/2 mile of the City limits, he shall give notice, in writing,
to the owner, occupant or person in charge of the premises upon which
such condition exists, stating therein the condition which constitutes
a nuisance and directing such addressee to remedy the condition within
the time stated in such notice, which shall be not more than 10 days;
and it shall be unlawful for any such owner, occupant or person in
charge to fail to comply with the terms of such notice.
[Amended 12-6-2007 by Ord. No. 773]
B.
Recourse of City when notice to abate nuisance is
ignored.
(1)
Upon the failure of any person to whom notice has been given pursuant to Subsection A to comply with the terms of such notice or with the terms imposed by the legislative body on appeal, as the case may be, the Director of Planning and Public Works or other official designated shall forthwith direct the appropriate City officer to remedy the condition which is the subject of such notice, and the expense incurred by the City in so doing shall be charged to the addressee of such notice, to be collected as City taxes; and such expenses shall constitute a lien upon the premises where such condition occurred, to be collected as City taxes are collected if not otherwise first paid to the City.
(2)
Abatement by the City of any condition which constitutes
a nuisance and reimbursement to the City of expenses incurred thereby
shall not bar prosecution for maintenance of a nuisance.
Nothing in this article shall be construed to
prohibit any police officer from arresting any person for committing
or maintaining a nuisance when such arrest is made pursuant to law.
