[Ord. No. 104 §2, 7-15-1996; Ord.
No. 640 §1, 6-20-2011; Ord. No. 668 §5, 3-18-2013]
A.
Nuisance Prohibited. No person shall cause or permit any
weeds or rank vegetation growth to attain a height in excess of eight
(8) inches upon any property located within the City; provided however,
that with regard to undeveloped property in excess of three (3) acres,
this Article shall apply only to the portions of such property within
one hundred (100) feet of any street right-of-way or any adjoining
property. Any owner who shall cause or permit any weeds or rank vegetation
growth to attain a height in excess of eight (8) inches shall be deemed
to have committed a public nuisance.
B.
Notice. Whenever the City Administrator or his/her designee
determines that weeds or grass have been allowed to grow on property
in excess of eight (8) inches in height, he/she shall notify the owner
or owners of the property, as their names may appear on the official
records of the City, that the growth of such weeds or grass constitutes
a public nuisance under this Article and that a hearing has been scheduled
with no less than four (4) days' notice thereof, either personally
or by United States mail to the owner or owners, or his/her or their
agents, or by posting such notice on the premises. The notice shall
state the time, place, and date of the scheduled hearing and advise
that the property owner may be represented by counsel and will have
a chance to be heard and present evidence to dispute the charge that
he/she is maintaining a nuisance on his/her property in violation
of this Article.
C.
Hearing. The hearing shall be scheduled not less than four (4) days from such notice, at which the Mayor or his/her designee shall immediately determine, after consideration of evidence presented by the City and property owner, if present, whether the cited or noticed conditions on the property constitute a public nuisance and whether abatement is appropriate. If so, the Mayor may order the owner or owners to abate said nuisance within five (5) business days of said order. The order shall be in writing and provided at the hearing or to the property owner in accordance with Section 215.160(B) of this Article.
D.
Appeal. Any person aggrieved by the determination of the
hearing officer may seek judicial review, within five (5) business
days of the date of the determination, by:
E.
Abatement And Lien. If, after an adverse determination,
the property owner or owners fail either to abate the nuisance or
to pursue judicial review within the time allowed, the City may immediately
thereafter enter upon the property to cut down and remove such growth.
Any costs incurred by the City in so doing may be taxed against the
property as a special tax bill and from the date of issuance shall
be a first (1st) lien on the property until paid and prima facie evidence
of the recitals therein and of its validity. The City is further authorized
to record such a lien against the property involved to the extent
of its special tax bill and to take such further legal action as may
be necessary to collect the same. The City may charge its costs of
collecting the tax bill, including reasonable attorneys' fees and
notice and recording fees, in the event a lawsuit is required to enforce
a tax bill.
F.
Repeat Violations. If weeds or grass are allowed to grow
on the same property in violation of this Article more than once during
the same growing season:
1.
The City Administrator may order the owner or owners to abate the same within five (5) business days after notice of such order is delivered, after which the City may abate the same and the costs thereof shall be taxed and enforced as provided in Section 215.160(E) of this Article; or
2.
The City may, without further notice, abate the same and the costs thereof shall be taxed and enforced as provided in Section 215.160(E) of this Article.
G.
Violation And Penalty. In addition to the remedial provisions set forth in this Section and in order to protect, promote, and preserve the public health and safety, it is hereby declared that any person owning any lot within the City and permitting or suffering a growth of weeds or grass thereon in excess of eight (8) inches from the soil shall be guilty of violating this Article and shall be punished upon conviction as provided in Section 100.140 of this Code. Nothing herein shall prevent the City from pursuing any other remedy available by law.
[Ord. No. 104 §3, 7-15-1996; Ord.
No. 640 §1, 6-20-2011]
A.
All
dead or decaying trees and all trees infected by a disease that are
not promptly treated or that are not remediable are hereby declared
to be a public nuisance and shall be promptly taken down and removed
from the premises by the property owner(s) and/or occupant(s) of any
tract of land in the City of Green Park on which the same is situated.
The stump shall also be removed to a minimum of eight (8) inches below
ground level.
B.
Trees
in the street right-of-way or treeway which are adjacent to any improved
property in the City shall be the responsibility of the property owner(s)
and/or occupant(s) of the adjoining lot for the purposes of this Article.
[Ord. No. 640 §1, 6-20-2011]
No person shall cause or permit any trash to accumulate or remain upon any property located within the City except if such trash is within a trash container or next to such container in compliance with Section 235.040 of the Municipal Code twenty-four (24) hours before the property owner(s)'s and/or occupant(s)'s designated trash pickup day. Such trash includes, but is not limited to: furniture, appliances or parts or pieces of furniture or appliances; manure; rubbish; garbage; refuse; any flammable or toxic material which may endanger public safety; and human and industrial, noxious or offensive waste. Any property owner(s) and/or occupant(s) who shall cause or permit any trash as defined herein to remain or accumulate on his/her/their property in violation of this Section shall be deemed to have committed a public nuisance.
[Ord. No. 104 §4, 7-15-1996; Ord.
No. 640 §1, 6-20-2011]
A.
It
shall be unlawful to maintain any tree, shrub, other vegetation growth
or related structure of any kind upon any corner lot in the City of
Green Park in which the lot lines of the property adjoining two (2)
intersecting streets in such a manner that the view of vehicular traffic
in either direction at said intersection is obstructed.
B.
Any
tree, shrub, other vegetation growth or related structure of any kind
so situated, located or maintained on any such lot so as to obstruct
the view of a motor vehicle on either intersecting street for a distance
of forty (40) feet in each direction from the point of intersection
of the curb lines of such intersecting streets shall be deemed to
be unsafe, hazardous and a public nuisance and the property owner(s)
and/or occupant(s) of such lot shall be deemed to be maintaining a
public nuisance in violation of this Article.
[Ord. No. 640 §1, 6-20-2011]
A.
Notice. Whenever the City Administrator or his/her designees
(the "City Administrator") suspects that the occupant(s) and/or the
property owner(s) have maintained a nuisance in violation of this
Article, the City Administrator shall notify the occupant(s) and/or
the owner(s) of the property, as his/her/their names may appear on
the official records of the City, of such suspected nuisance and that
a hearing shall occur no less than four (4) days after such notice.
Such notice shall be served either personally or by United States
mail to the occupant(s) and/or the owner(s), or his/her or their agents,
or by posting such notice on the premises, and such notice shall include
the location of the property, an explanation identifying the suspected
nuisance being maintained on the property in violation of this Article,
and the date and time of the scheduled hearing.
B.
Hearing. At the hearing, the occupant(s) and/or property owner(s) shall have an opportunity to present evidence and be heard. After all evidence has been presented, the Mayor, City Administrator or his/her designee as appropriate (the "hearing officer") shall deliberate and determine whether a nuisance as defined in this Article is being maintained on the stated property and whether the occupant(s) and/or the owner(s) are required by this Article to abate the same. If abatement is determined to be required, the hearing officer shall order the occupant(s) and/or the owner(s) to abate said nuisance within five (5) business days of the delivery of notice of said order. Notice of the order shall be provided to the occupant(s) and/or the property owner(s) in accordance with Section 215.160(B) of this Article. Any person aggrieved by the determination of the hearing officer may seek judicial review, within five (5) business days of the date of the determination, by:
C.
Abatement And Costs. If after an adverse determination the
occupant(s) and/or property owner(s) fail either to abate the nuisance
or to pursue judicial review within the time allowed, the City may
immediately thereafter enter upon the property to abate the nuisance.
Any costs incurred by the City in so doing may be taxed against the
occupant(s) and/or the owner(s) and the property as a special tax
bill. The City is further authorized to record a lien against the
property involved to the extent of its special tax bill and to take
such further legal action as may be necessary to collect the same.
The City may charge its costs of collecting the tax bill, including
reasonable attorney's fees in the event a lawsuit is required to enforce
a tax bill.
D.
Repeat Violations. If a nuisance as defined in this Article
is maintained on the same property in violation of this Article more
than once during the same growing season in the case of weeds or vegetation
and more than once during the same calendar year in the case of trash:
1.
The City Clerk may order the occupant(s) and/or the owner(s) to abate the same within five (5) business days after notice of such order is delivered, after which the City may abate the same; and the costs thereof shall be taxed and enforced as provided in Section 215.160(C) of this Article; or
2.
The City may, without such notice, abate the same and the costs thereof shall be taxed and enforced as provided in Section 215.160(C) of this Article.
E.
Additional Penalties. In addition to the remedial provisions set forth in this Section and in order to protect, promote, and preserve the public health and safety, it is hereby declared that any person failing to comply with the provisions of this Article within the time indicated in the notice hereunder shall be deemed to be in violation of this Article and shall be punished upon conviction as provided in Sections 100.140 — 100.150 of the Municipal Code.
