[Ord. No. 1526 §2, 8-7-2006]
Notwithstanding any provision in this Code to the contrary,
the City may declare the presence of certain debris and conditions
upon any property to be a nuisance and proceed with seeking its abatement,
all in accordance with this Article.
[Ord. No. 1526 §3, 8-7-2006; Ord. No. 1703 §1, 2-22-2011; Ord. No. 1712 §5, 7-5-2011]
A.
Any condition on any lot or land maintained in an unclean manner
or that has the presence of debris and/or open storage of any kind,
including, but not limited to, weed cuttings, cut and fallen trees
and shrubs, overgrown vegetation and noxious weeds which are twelve
(12) 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, tools, tires, machinery,
business-related equipment, discarded household furniture or appliances,
broken furniture, upholstered furniture, mattresses, materials and
other similar products or second-hand items or goods not normally
intended, designed, built or manufactured for outdoor use unless such
is located entirely within an enclosed porch, balcony, deck or patio
attached to a primary residential building, any flammable material
which may endanger public safety or any material which is unhealthy
or unsafe, is hereby declared to be a public nuisance. The open storage
of building materials is permitted and will not be considered to constitute
a nuisance if the open storage is temporary, the building materials
are to be used on the premises, the building materials are neatly
stacked at least twelve (12) inches off the ground and the building
materials are not stored against the side of a structure. Barbecue
grills, lawn furniture, garden hoses, lawn mowers and toys designed
for outside use may be stored outside provided they are kept in good
repair and free of insect/rodent infestation. Firewood must be stored
behind the house, cut in length/sizes suitable for use, and stacked
evenly on a concrete pad or twelve (12) inches off the ground. All
persons owning or occupying any lot or land shall keep weeds, high
grass and other vegetation growing on such property cut and removed.
Whenever private property abuts a public right-of-way or easement
belonging to the City of Oak Grove or any public entity and there
exists in such right-of-way or easement a tree, lawn or grassy area
between the private property line and the midline of said right-of-way
or easement, then such tree, lawn or grassy area shall be considered,
for purposes of this Section requiring the cutting of grass and weeds,
to be a part of the private lot which abuts the right-of-way or easement
and it shall be the duty of those responsible under this Section for
the maintenance of the private lot to equally maintain the tree, lawn
or grassy area within the abutting right-of-way or easement.
[Ord. No. 1871, 4-17-2017; Ord. No. 1903, 3-19-2018; Ord. No. 1985, 9-8-2020]
B.
Lots One Acre Or Larger. No person having control of any
real estate lot or parcel within the City, consisting of more than
one (1) acre, shall allow or maintain on such lot or parcel any growth
of weeds to a height of over twelve (12) inches. Unless such lot or
parcel is being used for agricultural purposes then any growth of
weeds to a height of over twelve (12) inches within fifty (50) feet
of any public or private roadway or drive or property line, is hereby
declared to be a public nuisance, provided, however, that if such
lot or parcel is zoned agricultural and is actually being used for
agriculture purposes, then no person having control thereof shall
allow or maintain on such lot or parcel any growth of weeds to a height
of over twelve (12) inches within twenty-five (25) feet of any public
or private roadway or street of other public or private improvements
consisting of a building, outbuilding, wall, fence or drive or property
line. Agricultural purposes as used in this Subsection means the growing
of crops or hay.
[Ord. No. 1526 §4, 8-7-2006; Ord. No. 1645 §1, 7-6-2009; Ord.
No. 1681 §1, 7-6-2010; Ord. No. 1712 §7, 7-5-2011; Ord. No. 1855, 9-6-2016]
A.
When
a public nuisance as described in this Chapter exists, the Codes Officer
or his/her designee shall so declare and shall give written notice
to the owner of the property and, if the property is not owner-occupied,
also to any occupant of the property. Notice shall be given by personal
service or First Class Mail to both the occupant of the property at
the property address and the owner at the last known address of the
owner, if not the same. If notice cannot be given by either personal
service or First Class Mail then such notice may be posted on or about
the premises described in the notice. There shall be a rebuttable
presumption that any notice sent via regular mail pursuant to this
Chapter is received within two (2) business days of its mailing. There
shall also be a rebuttable presumption that any notice posted on the
premises is received at the end of twenty-four (24) hours after the
posting thereof. Such notice shall, at a minimum:
1.
Declare that a public nuisance exists.
2.
Specifically describe each condition declared to be a public nuisance.
3.
Identify what action will remedy the public nuisance.
4.
Order the removal of the abatement of such condition within a reasonable
amount of time, not less than ten (10) days from the date of receipt
of such notice, unless a condition presents an immediate, specifically
identified risk to the public health or safety.
5.
Describe the location of the property where the nuisance exists (using
the street address rather than a legal description when reasonably
possible to do so).
6.
State that if the owner of the 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 Building 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, and that such cost shall be a personal
debt of the property owner.
7.
State that if the owner or occupant of the property fails to begin removing the nuisance within the time allowed, or upon failure to purse the removal of such nuisance without unnecessary delay, such owner or occupant of the property may be cited in Municipal Court for violating this Article and shall, upon conviction in Municipal Court, be subjected to punishment by a fine pursuant to Section 100.220(E)(2) of this Code.
8.
In the case where a constitutionally protected property interest
is involved, state that if the owner or occupant of such property
wishes to contest the finding of a public nuisance and order of abatement,
he/she must file a written request for appeal with the Code Enforcement
Officer, which must be received within ten (10) days from the date
such person received the notice and order.
9.
State, in the case of overgrown vegetation and noxious weeds, that if more than once during the same growing season a repeat violation of the same ordinance by the same person on the same property is reported, the City may, without further notification, have the weeds removed and the cost of the same shall be billed to the owner as provided in Section 215.135 of this Code.
[Ord. No. 1526 §5, 8-7-2006; Ord. No. 1645 §2, 7-6-2009; Ord.
No. 1681 §2, 7-6-2010; Ord. No. 1712 §7, 7-5-2011; Ord. No. 1855, 9-6-2016]
A.
If the owner, or if the property is not owner-occupied, the occupant 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 Codes Officer or his/her designee shall cause the condition that constitutes the nuisance to be removed. If the owner, occupant, or other person with lawful possession of the premises in question refuses to allow the Code Officer and/or his/her authorized representative to enter onto such premises to abate the nuisance conditions, the City may request an administrative warrant pursuant to Section 130.135 of this Code, if such administrative warrant is required by law.
B.
If
the Code Officer or his/her designee causes such condition to be removed
or abated, the cost of such removal (which may include fees for the
City's cost in administering this Article) and the proof of notice
to the owner of the property shall be certified to the City Clerk
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 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 from the date the tax bill is delinquent until
paid. In the event a lawsuit is required to enforce the tax bill,
the City may charge the property owner costs of collecting the tax
bill, including attorneys' fees.
C.
In
the case of overgrown vegetation and noxious weeds, if more than once
during the same growing season, a repeat violation of the same ordinance
by the same person on the same property is reported, the City may,
without further notification, have the weeds removed and the cost
of the same shall be billed to the owner as provided above.
[Ord. No. 1526 §6, 8-7-2006; Ord.
No. 1855, 9-6-2016]
If the owner or occupant of such property fails to being removing the nuisance within the time allowed, or upon failure to pursue the removal of such nuisance without unnecessary delay, such owner or occupant may be cited in Municipal Court for violating this Article and shall, upon conviction in Municipal Court, be subject to punishment by a fine pursuant to Section 100.220(E)(2) of this Code. Each day that a violation continues shall constitute a separate and distinct offense. All penalties are in addition to assessed costs of removal.
