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Cross Reference — As to garbage, trash and refuse, ch. 235
[Ord. No. 6.37 (Bill No. 2759), 11-7-2019]
For the purposes of this Article, the following words and phrases shall have the meanings respectively assigned to them by this Section:
CODE ENFORCEMENT OFFICER
The Building Commissioner or his/her designee.
[Ord. No. 6.40 (Bill No. 2800), 8-19-2021]
JUNK
Any metal, glass, paper, rags, wood, machinery parts, cloth, or other waste or discarded material of any nature or substance whatsoever, or scrap, or salvage materials.
PERSON
Any person, firm, partnership, association, corporation, or other organization of any kind.
PROPERTY
Any real property within the City or any City property within or without the corporate limits which is not a street or highway.
[Ord. No. 6.37 (Bill No. 2759), 11-7-2019]
It shall be unlawful for any person to create and maintain junk as defined herein. The creation and maintenance of junk is hereby declared to be a public nuisance, and if permitted to remain upon any street or property for a period exceeding forty-eight (48) hours, shall be declared as such.
[Ord. No. 6.37 (Bill No. 2759), 11-7-2019; Ord. No. 6.40 (Bill No. 2800), 8-19-2021]
Whenever the Code Enforcement Officer of the City determines that any junk is a nuisance as defined herein, he/she shall cause written notice to be served by United States mail or by personal service if said owner or the person in custody of such junk can be located. The notice shall state that the junk is deemed to be a nuisance within the provisions of this Article and shall briefly state the facts deemed to constitute such junk as a nuisance within the terms of this Article and shall state that said nuisance shall be abated within seven (7) days from receipt of such notice.
[Ord. No. 6.37 (Bill No. 2759), 11-7-2019]
When the owner or custodian of the nuisance described herein cannot be located by reasonable search, the notice shall be conspicuously attached to the property, briefly stating the facts deemed to constitute the property as a nuisance and stating that the nuisance shall be abated within seven (7) days of the date the notice was posted or if the nuisance is on public property, within two (2) days of the date notice was posted.
[Ord. No. 6.37 (Bill No. 2759), 11-7-2019]
Any person receiving the notice provided for above shall comply with the provisions of the notice requiring abatement. Failure to comply with this provision is unlawful.
[Ord. No. 6.37 (Bill No. 2759), 11-7-2019; Ord. No. 6.40 (Bill No. 2800), 8-19-2021]
If not removed within the time specified in the notice, the junk shall be transported by City employees to a designated area for proper disposal at the direction of the Code Enforcement Officer at the expense of the owner or person in custody thereof. Said junk is presumed to have no sale value; therefore, it shall be disposed of immediately by the City should the owner fail to comply with the notice.
[Ord. No. 6.37 (Bill No. 2759), 11-7-2019; Ord. No. 6.40 (Bill No. 2800), 8-19-2021]
The Code Enforcement Officer may enter upon private property for inspection or for the purpose of removing any junk in accordance with this Article.