A.Â
Any
lot or land shall be a public nuisance if it has the presence of debris
of any kind including, but not limited to, weed cuttings, cut and
fallen trees and shrubs, overgrown vegetation and noxious weeds which
are seven (7) inches or more in height, rubbish and trash, lumber
not piled or stacked twelve (12) inches off the ground, rocks or bricks,
tin, steel, parts of derelict cars or trucks, broken furniture, any
flammable material which may endanger public safety or any material
which is unhealthy or unsafe and declared to be a public nuisance.
B.Â
When
a public nuisance as described above exists, the designated City Official
shall so declare and give written notice to the owner or owners and
if the property is not owner-occupied, to any occupant of the property
by personal service, certified first class mail, if otherwise unsuccessful,
by publication. Such notice shall, at a minimum:
[Ord. No. 1995, 8-20-2020]
1.Â
Declare that a public nuisance exists;
2.Â
Describe the condition which constitutes such nuisance and identify
the action which will remedy such public nuisance;
3.Â
Order the removal or abatement of such condition within ten (10)
days from the date of service of such notice;
4.Â
Inform the owner that he or she may file a written request for a
hearing before the City's designated official on the question of whether
a nuisance exists upon such property; and
5.Â
State that if any owner fails to begin removing the nuisance within
the time allowed or upon failure to pursue the removal of such nuisance
without unnecessary delay, the City's designated official shall cause
the condition which constitutes the nuisance to be removed or abated
and that the cost of such removal or abatement may be included in
a special tax bill or added to the annual real estate tax bill for
the property and collected in the same manner and procedure for collecting
real estate taxes.
C.Â
If
the owner of such property fails to begin removing the nuisance within
the time allowed, or upon failure to pursue the removal of such nuisance
without unnecessary delay, the City's designated official shall cause
the condition which constitutes the nuisance to be removed. If the
City's designated official causes such condition to be removed or
abated, the cost of such removal shall be certified to the City Clerk
and/or Finance Manager who shall cause the certified cost to be included
in a special tax bill or added to the annual real estate tax bill,
at the collecting official's option, for the property and the certified
cost shall be collected by the City Collector or other official collecting
taxes in the same manner and procedure for collecting real estate
taxes. If the certified cost is not paid, the tax bill shall be considered
delinquent and the collection of the delinquent bill shall be governed
by the laws governing delinquent and back taxes. The tax bill from
the date of its issuance shall be deemed a personal debt against the
owner and shall also be a lien on the property until paid.