[Adopted 10-5-1978 by Ord. No. 2335 as §§ 12-12
to 12-16 of the 1978 Revised General Ordinances]
It is hereby found and declared that the existence of obnoxious
growths and other material upon the lands lying within the City constitute
a menace to public health, safety and general welfare; that it is
deemed necessary and expedient for the preservation of public health,
safety and general welfare and to eliminate fire hazards and in the
public interest that this article controlling the existence of such
obnoxious growths and other materials be enacted.
No owner, tenant or person in possession of lands in the City
shall permit such lands to be covered with or contain brush, weeds,
dead and dying trees, stumps, obnoxious growths, filth, garbage, trash
and debris including any material and debris resulting from construction
activities or the demolition of a building or buildings where the
same is inimical to the preservation of the public health, safety
or general welfare of the people of the City or constitutes a fire
hazard.
A.
Upon complaint of any resident of the City, or any officer or employee
of the City, or upon his or her own motion, the Chief Inspector, Health
Officer, City Engineer, Director of Public Works, Chief of the Fire
Department, or the Chief of the Police Department, or their designated
representative, shall make an investigation of the condition complained
of and report thereon, in writing, to the Council.
B.
Upon receiving said report, if the condition be found to exist, the
person, persons or City official making said report shall notify the
owner and/or tenant or person in possession of such lands complained
of, in writing, either personally or by registered mail, to remove
said brush, weeds, dead or dying trees, stumps, roots, obnoxious growths,
filth, garbage, trash and debris, refuse and debris, including any
material or debris resulting from construction activities or demolishing
of a building or buildings, as the case may be, within 10 days after
receipt of said notice. The appropriate City official shall again
inspect said lands after the ten-day period shall have expired and
shall report, in writing, to the Council whether or not the condition
complained of has been abated or remedied.
In the event the owner and/or tenant or person in possession
of such lands shall refuse or neglect to abate or remedy the condition
complained of after said 10 days' notice, the appropriate City official
shall cause the condition complained of to be abated or remedied by
the Department of Public Works and shall, thereafter, certify the
cost thereof to the Council, which shall examine the certificate and,
if found correct, shall cause the cost as shown thereon to be charged
against said lands. The amount so charged shall forthwith become a
lien upon such lands and shall be added to and become and form a part
of the taxes next to be assessed and levied upon such lands, the same
to bear interest at the same rate as taxes and shall be collected
and enforced by the same officers and in the same manner as taxes.
A.
Any person who violates the provisions of § 129-2 of this article shall, upon conviction thereof, be punished by a fine not exceeding $500 or by imprisonment for a term not exceeding 90 days, or both. A separate offense shall be deemed committed on each day during or on which a violation occurs or continues.
