HomeMy Public PortalAboutORD15721 BILL NO. 2017-63
SPONSORED BY Councilman Henry
'k`ORDINANCE NO. I �- 7'-1- I
AN ORDINANCE AMENDING CHAPTER 21 (NUISANCES) OF THE CODE OF THE
CITY OF JEFFERSON, MISSOURI, PERTAINING TO ABATEMENT OF NUISANCES.
BE IT ENACTED BY THE COUNCIL OF THE CITY OF JEFFERSON MISSOURI, AS
FOLLOWS:
Section 1. Chapter 21 (Nuisances) of the Code of the City of Jefferson, Missouri,
pertaining to abatement of nuisances is hereby amended as follows:
ARTICLE 1. GENERALLY
Sec. 21-1. Definitions.
Buildine Reeulations Super * or: When used hpff-p-in thi-Q,tpffm"building regulations ,>
mean the Director-of Planning and Protective Ser-vices or his or her-designee.
Director: When used herein the term"Director" shall mean the Director of the Department of Planning and
Protective Services or his or her designee.
Junked Motor Vehicle: For the purposes of this chapter,the term"junked motor vehicle"or
"junked vehicle" is defined as
A. Any motor vehicle left unattended at the same place on any roadway in the C-city for a period of
time in excess of seventy-two(72)consecutive hours;-or
B. Any vehicle which is parked within the C-city in violation of&Section 22-30,as amended from
time to time,of the Ceity eCode(leaving wrecked,junked,etc.,vehicle standing on private
property):-or
C. Any partially dismantled, nonoperative,wrecked,discarded, unlicensed, unregistered, improperly
licensed,or improperly registered boat,trailer,camper trailer,or recreational vehicle;ior
D. Any boat,trailer, camper trailer, or recreational vehicle which is parked within the C-city in
violation of sSection 35-41(b)(16), as amended from time to time,of the C-city eCode(specific use
standards-outdoor storage and display).
(Ord.No. 15438, §1,9-21-2015)
Nuisance: For the purposes of this chapter,the word "nuisance" is hereby defined,when not otherwise
defined, as an unlawful act,or omitting to perform a duty,or suffering or permitting any condition or thing to be or
exist, which act, omission,condition or thing either:
A. Injures or endangers the comfort,repose, health or safety of others;or
B. Offends decency;or
C. Is offensive to the senses; or
D. Unlawfully interferes with,obstructs or tends to obstruct or renders dangerous for passage any public or
private street,highway, sidewalk,stream, ditch or drainage; or
Editor's note:Deleted language shown tlws.Added language shown thus.
Bill 2017-63—Page 1
-SSL V i�e>1l r S -{�)�r�nna tf i' C41�c vtis i�n<t�L' 4P b� CG�►15tS�G✓rf" tt�i
E. In any way renders other persons insecure in life or the use of property;or
F. Essentially interferes with the comfortable enjoyment of life and property,or tends to depreciate the value
of the property of others - or
G. Any property which is in violation of the Property Maintenance Code of the Ecity(Section 8-49 through 8-
50).
(Code 1977, §24-1;Ord. 14132, §1, 12-4-2006)
Sec.21-2. Illustrative enumeration.
The maintaining,using,placing,depositing,leaving or permitting to be or remain on any public or private
property of any of the following items,conditions or actions are hereby declared to be and constitute a nuisance;
provided,however,this enumeration shall not be deemed or construed to be conclusive,limiting or restrictive:
A. Noxious weeds and other rank vegetation over twelve(12)inches in height.-; or
B. Accumulation of rubbish,trash,refuse,junk and other abandoned materials,metals, lumber or other
things-.Lor
C. Any condition which provides harborage for rats,mice,snakes and other vermin-.Lor
D. Any building or other structure which is in such a dilapidated condition that it is unfit for human habitation,
or kept in such an unsanitary condition that it is a menace to the health of people residing in the vicinity
thereof, or presents a more than ordinarily dangerous fire hazard in the vicinity where it is located:; or
E. All unnecessary or unauthorized noises and annoying vibrations,including animal noises-.Lor
F. All disagreeable or obnoxious odors and stenches,as well as the conditions,substances or other causes
which give rise to the emission or generation of such odors and stenches:; or
G. The carcasses of animals or fowl not disposed of within a reasonable time after death-.Lor
H. The pollution of any public well or cistern,stream,lake,canal or body of water by sewage,dead animals,
creamery,industrial wastes or other substances.-; or
I. Any building,structure or other place or location where any activity which is in violation of local,state or
federal law is conducted,performed or maintained-.Lor
J. Any accumulation of stagnant water permitted or maintained on any lot or piece of ground.-; or
K. Dense smoke,noxious fumes,gas,soot,dust or cinders, in unreasonable quantities.-; or
L. Dead trees and dead limbs of trees so located that the falling thereof would endanger the safety of persons
using any public sidewalks in the Ecity,or endanger the safety of any pedestrian or occupant of any motor
vehicle traveling upon any public street-.Lor
M. Tree limbs and branches which overhang any public sidewalk or public street of such height above the
sidewalk or street as shall impede and interfere with the use of said sidewalk by any person,or impede and
interfere with the use of said street by a pedestrian or the operator of any motor vehicle,or shall endanger
the safety of any person using any public sidewalk,or endanger the safety of any pedestrian or occupant of
any motor vehicle traveling upon any public street.; or
N. Junked Motor Vehicles.
(Code 1977, §§24-1,24-3; Ord. 14143, §1, 1-2-2007)
Sec.21-3. Prohibited.
A. It shall be unlawful for any person to cause,permit,maintain or allow the creation or maintenance of a
Editor's note:Deleted language shown mss.Added language shown thus.
Bill 2017-63—Page 2
nuisance.
B. It shall be the responsibility of any owner,lessee or occupant,or any agent,servant,representative or
employee of any such owner,lessee or occupant having control of any lot or land or any part thereof
in the City to not permit or maintain any nuisance on any such lot or land,including any sidewalk,
street or alleyway adiacent to the same and any land between the property line and the curb,and it
shall be the duty of any owner,lessee or occupant of any lot or land to remove or abate any such
nuisance in accordance with this Chapter.
Sec.21-4.Inspections.
A. ,maintain or-allow the oreation eF maintenanee of
nuisances The Director is authorized to visually inspect properties to determine if the conditions
thereon constitute a nuisance pursuant to the City Code. The Director may request the consent of
the owner or occupant to inspect the interior area of a structure,and may also apply for an
administrative search warrant pursuant to Section 20-10 of the City Code.
B. ,
employee of any siieh owner-,lessee or occupant having centi:el of any oeoupied lot or-land or-any p
themof in the eity to permit or-maintain on an),such lot or-land, or on or-along the sidewalk,street or alley
adjaeent to the same between the pf!epefty line and the ourb,any nuisanee ms defined herein and it shal
the dtAy of any owner-, lessee or eroupant of af*,lot or-land to remove or-abate any suoh maisanee in
(Code 1977, §24-4;Ord. 15380, §1,3-16-2015)
1
Sec.21-5. Notice to abate.
Whenever a nuisance is found to exist within the Gcity or within the Ccity's extraterritorial jurisdiction,a
duly designated officer or employee of the Ecity shall give written notice to abate the nuisance,in accordance with
'Sections 21-6 and 21-7 to the „« .�«we e..«„upon ,.� ich ew fluisanee «s „the
maintaining«ae
(Code 1977, §24-5;Ord. 13605, §1,9-2-2003)
Sec.21-6. Contents of notice.
All notices to abate a nuisance issued under the provisions of this article shall contain the date of the notice
and each of the following:
A. A full description of what constitutes the nuisance,and the location of the nuisance, if the same is
stationary.
B. A statement of acts necessary to abate the nuisance.
C. An order to remove the nuisance,notice of procedures to request a hearing,and a reasonable time either to
remove the nuisance or request a hearing.
D. A statement of notice that if the nuisance is not abated as directed and no request for hearing is made within
the prescribed time,the C-city will abate such nuisance and assess the costs thereof against such person as
outlined in Sections 21-8 and 21-9.
E. If the nuisance involves any building or structure the notice shall also include an order that the.building or
structure to be vacated if such be the case,reconditioned,or removed,giving a reasonable time for
commencement of the work,and requiring the work to proceed continuously without unnecessary delay_
F. If the nuisance is a dunked Mmotor Vv_ehicle then the Nnotice shall also include a description of the
Editor's note:Deleted language shown thus.Added language shown thus.
Bill 2017-63—Page 3
vehicle in question,a statement that the vehicle has been found to be a junked motor vehicle, a declaration
that if the owner fails to abate the nuisance within ten(10)days,the City will abate the nuisance at the
owner's expense and a statement that the City may abate the nuisance by towing the vehicle or otherwise.
(Code 1977, §24-5;Ord. 13605, §2,9-2-2003;Ord. 14347, §1,4-21-1008)
See.21-7. Service of notice.
Notice to abate a nuisance shall be served on all 9owners.
A. For purposes of this C-chapter,9owner shall be determined to be:
1. The owner,occupant, lessee,mortgagee,agent and all other persons having an interest in the
building,structure or property where the nuisance is located,as shown by the land records of the
applicable county recorder of deeds for the apprepFiate, .„,..that s,..h building,StFueture oF
property has -
2. If the nuisance is a Jiunked I14motor Vv_ehicle,the owner of the vehicle shall also include the
person(s)registered with the Missouri Department of Revenue as the owner(s),unless the Director
has knowledge of some other person who is claimed to be the owner,in which case such putative
owner shall be given notice as provided above in addition to the registered owner.
B. Service may be accomplished by any of the following:
1. By posting ILnotice in a conspicuous place on the property upon which the Nnuisance is located
and mailing l notice to the Bowner. If the nuisance concerns a violation of Chapter 8 of the Code
of the City of Jefferson,the mailed notice shall be certified,return receipt requested; or
2. If the nuisance concerns a junked motor vehicle then by posting notice in a conspicuous place on
the automobile and mailing Nnotice to all owners as recorded in Deptartment of Revenue;or
3. If the Address of the owner shall not be kno A%, If the owner cannot be served by the methods
prescribed by subsections 1 and 2 above, then the service of notice shall be by posting and by
publication. The publication shall contain the full text of the notice and shall be published at least
once a week for three consecutive weeks on the same day of the week in some newspaper of
general circulation published in the appropriate county, and the time specified in the notice for a
hearing to be held, or for the commencement of work or for any other thing to be done shall be at
least thirty(30)days from the date of the first publication of notice.
4. By any other legal process pursuant to law.
(Code 1977, §24-5;Ord. 14347, §1,4-21-2008)
Sec.21-8. Request for#hearing.
A: Right to Request a Hearing: If an owner or person receiving Nnotice of the determination of public
nuisance does not agree with said determination,they may request a hearing within 10 days of the date of
the notice.The request must be in writing and must be received by the Director within 10 days of the date
of the Nnotice.The Director may at his or her sole discretion,extend the time for filing the Rrequest.
B. Form of Request: The request for a hearing shall be on a form promulgated by the Director or shall be in
writing and contain at least the name of the person requesting the notice,their mailing address,their phone
number(if any),a statement that they request a hearing on the determination of a nuisance and the location
of the nuisance.
C. Director's Right to Set a Hearing: The Director may at his or her discretion order that a hearing date be
scheduled and placed into the Notice to the owner without receipt of a written request.Further the director
may cancel the hearing if a timely request for a hearing is not received within the allotted time provided
Editor's note:Deleted language shown thus.Added language shown thus.
Bill 2017-63—Page 4
that the Nnotice served on the owner contains language that the 14hearing will be cancelled and the right to
a hearing waived if a timely request is not received by the Director.
D. Waiver of Request: If a request is not received within 10 days the right to a hearing shall be deemed to be
waived.Nothing in this&Section shall preclude the Director from holding a hearing if the Director deems
the same necessary.
E. When Request is Received: If the Director receives a Rrequest for hearing within the prescribed time,the
Director shall call and conduct a Hhearing in accordance with Section 21-9.
F. Hearing Required without Request,when: Where abatement of a nuisance may require demolition of a
building or structure,or mandatory repair and maintenance of a building or structure,in order to maintain
the health,safety or welfare of the residents of the Ccity,and inadequate action has been taken to remedy
the situation a full and adequate hearing shall be called and conducted regardless of whether the owner of
the property has requested a hearing.
See.21-9. Hearing l-procedure.
If a 14hearing is called by the Director,the following procedure shall be followed:
A. The City Administrator shall appoint a Hearing Examiner to conduct the hearing,consider the evidence and
issue an order in accordance with the procedures of this Gehapter.The City Administrator may appoint
himself/herself to serve as Hearing Examiner.(Ord.No. 15332, §1, 10-20-2014)
B. The person or person requesting a hearing shall have an opportunity to be heard,and shall be served notice
of the hearing(personally or by mail;if those methods fail, service may be had by publication)allowing at
least ten(10)days written notice.The notice shall include the date,time and place of the hearing.
C. Any party may be represented by counsel and have the right to present evidence.
D. In the event that any or all of the parties fail to appear at the hearing,the evidence of the existence of facts
which constitute grounds alleged in the Nnotice shall be considered unrebutted.
E. The technical rules of evidence shall not apply in the hearing.Any relevant evidence may be admitted and
considered by the hearing officer if it is the sort of evidence of which responsible persons are accustomed
to rely in the conduct of serious affairs.Objections to evidence shall be noted and a ruling given by the
hearing examiner.
F. All testimony shall be under oath,which may be administered by the Hearing Examiner and a recording
shall be made by the City or a written record of the hearing may be made by a reporter to be employed by
the City,the cost of which shall be paid by the City should the proceeding be eventually held against the
City and by the owner if it should not.In the latter case the cost of such reporting shall be a lien upon the
lot,tract,or parcel of land upon which the building or structure stands,and shall be added to the cost of
performance for demolition or repair in the event the City shall be required to do so,and payable as
provided for such costs.
G. The hearing shall proceed in the following manner.The City will give opening remarks first,followed by
any opening remarks by the owner.The City will then be allowed to present its evidence. Witnesses called
by the City will be directly examined with.an opportunity for the owner to cross-examine, followed by an
opportunity for the City to re-direct. Once the City's case is presented,the owner will have an opportunity
to present his or her case.The same procedure for questioning witnesses will be followed.Then the City
will have an opportunity for rebuttal,if it so chooses. Finally,the City and the property owner will have an
opportunity to make closing remarks in that respective order.
Sec.21-10. Findings of Hearing Examiner following hearing.
Within thirty(30)days from the date of the hearing,the Hearing Examiner shall,upon the basis of
Editor's note:Deleted language shown dius.Added language shown thus.
Bill 2017-63—Page 5
competent and substantial evidence offered at the hearing,make a written findings of fact and conclusions of law
as to whether or not a nuisance exists under the terms of this article.If the nuisance is found to exist then the
Hearing Examiner shall make a finding as to whether the procedures required by this chapter have been substantially
met and complied with and whether or not the abatement order of the building regulations supeFviso..to abate the
nuisance was reasonable in its terms and conditions and within the standards of this article.Finally the Hearing
Examiner shall make a finding as to the appropriate abatement for the nuisance and enter an order instructing the
nuisance to be abated in accordance with Section 21-11. If it is found that the nuisance is detrimental to the health,
safety and welfare of the residents of the City,that finding shall be specifically stated in the Ffindings of Efact.If the
Hearing Examiner finds that the nuisance does not exist or that the procedures of this article have not been
substantially met and complied with,the proceedings against the building or structure shall be dismissed.
If the nuisance involves a junked motor vehicle,the Hearing Examiner shall determine whether or not the
vehicle is a junked motor vehicle and whether the director is entitled to abate the nuisance. The hHearing
efflooExaminer shall not have authority to determine the validity of a parking citation. If the Hearing Examiner
determines that the vehicle is not a junked motor vehicle,the decision of the Director shall be withdrawn and the
Director shall be prohibited from again determining that the vehicle is a junked motor vehicle for thirty(3 0)days.
Sec.21-I1. Abatement by eCity.
A. Abatement Generally.
Upon the failure of the person upon whom notice to abate a nuisance was served pursuant to the provisions
of this article to abate the same,a duly designated agent or employee of the Ecity shall proceed to abate
such nuisance and shall prepare a statement of costs incurred in the abatement thereof.
B. Abatement methods.
Where the a City official is obliged to abate a violation of the Property Maintenance Code(sSection 8-49),
and such abatement requires the painting of the structure or parts thereof,then the City official shall cause
the painting thereof to be in a color or colors most similar to the colors last used to paint the structure,even
if use of such colors is not the least expensive means of abating the nuisance.
(Ord. 14132, §2, 12-4-2006)
C. Abatement of Violations of the Dangerous Building Regulations.
1. Where the a City official is obliged to abate a violation of the Dangerous Building Regulations
(Chapter 8, Article VI ), the Hearing Examiner may issue an order directing the building or
structure to be completed, repaired, or demolished and vacated as the case may be, within the
standards of Chapter 8. This order,together with the findings of fact and conclusions of law, shall
be in writing and shall be immediately delivered or mailed to each party to the hearing or to his or
her attorney of record. The order shall state a reasonable time which shall not be less than thirty
(30) days from the date of issuance within which to comply with the order, and shall further
provide that if it is not complied with within such time, the Director of Planning and Protective
Services shall cause the work to be done by the sCity and its own crews or by contractors
employed by the sCity for that purpose.
2. If there shall be no contractor employed by the sCity for that purpose,the sCity aAdministrator is
hereby authorized to enter into contracts not to exceed Twenty Five Thousand Dollars
($25,000.00) with persons engaged in the business of repairing or demolishing buildings for the
purpose of enforcing the order provided for in this sSection if there are sufficient funds provided
for that purpose in the budget or a supplemental appropriation. Additional contracts, or contracts
for amounts in excess of Twenty Five Thousand Dollars ($25,000.00), must be approved by
Council. The contracts can be signed only after compliance with the sCity 's prescribed bidding
procedures.
D. Abatement of Jiunked A4motor Vv_ehicles.
Editor's note:Deleted language shown thus.Added language shown thus.
Bill 2017-63—Page 6
Where the a City official is obliged to abate a junked motor vehicle,it may,in addition to any other remedy
available to it,have the vehicle towed.The 14eaFing Off^er-Hearing Examiner may give the owner
additional time to abate the nuisance voluntarily,not to exceed an additional 10 days.
(Code 1977, §24-8;Ord. 14132, §2, 12-4-2006)
See.21-12. Costs of abatement to be assessed.
A. Any and all costs incurred by the eCity in the abatement of a nuisance under the provisions of this article
shall be certified to the eCity eClerk or officer in charge of finance,who shall cause a special tax bill or
assessment therefor against the property be prepared and collected by the official responsible for collecting
personal property taxes.The special tax bill or assessment shall be notice to all persons from the time of its
recording,and shall bear interest at the legal rate thereafter until satisfied.
B. In addition to any charges for the actual abatement of the nuisance,and as part of the charges assessed in
paragraph A.,above,the eCity eClerk or officer in charge of finance,shall impose a fee to cover the
eCity's administrative costs for abating the nuisance.The council determines this cost to be One Hundred
and no/100 Dollars($100.00)based upon the average administrative cost for abating nuisances, in lieu of
an independent determination of costs in each case.
C. At the written request of the taxpayer delivered to the eCity eClerk of the eCity,a tax bill for repair or
demolition of a building or structure may be paid in ten(10)equal annual installments,which installments
with interest thereon to date on the unpaid balance shall be due annually on the anniversary of the date of
issuance of the bill. Interest shall be paid at the maximum rate per annum allowable by law on the unpaid
balance of the special assessment computed from the date of issuance.If any annual payment of principal
or interest shall not be paid within thirty(30)days of its due date the entire remaining balance of the tax bill
shall immediately become due and payable.
D. The tax bill shall be deemed a personal debt against the owner from the date of issuance,and shall
also be a lien on the property from the date the tax bill becomes delinquent until paid.The City
Council may by ordinance discharge all or any portion of the unrecovered costs or fines added
pursuant to this Section to the tax bill upon a determination by the City that a public benefit will be
gained by such discharge,and such discharge shall include any costs of tax collection,accrued
interest,or attorney fees related to the tax bill.
State law reference-Nuisances—expense of suppression,how paid,RSMo. §71.780;Provisions required
in ordinance,RSMo §67.410..–; Ordinance Enforcement RSMo 467.451
(Ord. 13605, §3,9-2-2003;Ord. 14198, §1,5-21-2007;Ord. 14351, §1,4-21-2008)
Sec.21-13. Enforcement of tax bills.
A. Tax bills issued under the chapter shall be prima facie evidence of the validity of the bill,the doing of the
work and the liability of the property for the damages stated in the bill and shall be collected if default
should occur by suit brought in a court of competent jurisdiction by the eCity eCounselor on behalf of the
eCity.Judgment in any such suit shall be special and against the property only and shall be satisfied by sale
of the property or so much thereof as is necessary to satisfy the judgment and the costs of the sale.
(Ord.No. 15275, §2,6-2-2014)
Sec.21-14. Appeals under administrative review act.
Any owner,occupant,lessee,mortgagee,agent or other person having a property interest in the nuisance
property may appeal from the order and determination of the Hearing Examiner made under the provisions of this
Editor's note:Deleted language shown thu&Added language shown thus.
Bill 2017-63—Page 7
Echapter.The appeal shall be to the Circuit Court of Cole County as established in Article 536 of the Revised
Statutes of Missouri.
Sec.21-15. Summary abatement where immediate danger exists.
In all cases where it reasonably appears that an immediate danger to the health,safety or welfare of any
person exists,the Director of Planning and Dreterstive cervices may take emergency measures to vacate,repair,
remove or demolish the public nuisance found under the provisions of this article including but not limited to
buildings or structures.
Sec.21-16.Municipal judge may direct abatement and assess costs.
If,upon trial and conviction for causing or maintaining any nuisance defined and prohibited by this Code
and other ordinances of this eCity, it shall appear that the nuisance complained of continues to exist,the municipal
judge may, in addition to the penalty imposed for causing or maintaining such nuisance,make an order directing the
chief of polic-eDirector to abate the nuisance forthwith and report the expense thereof to the peliee municipal fudge,
who may make such cost a part of the judgment in addition to the fine imposed. Such costs shall be collected in the
same manner as other fines and penalties.
(Code 1977, §24-7;Ord. 14347, §1,4-21-2008)
Sec.21-17. Provisions supplemental.
The provisions of this article shall be supplemental to all other ordinances.
(Ord. 14347, §l,4-21-2008)
ARTICLE Il.WEEDS
Section 21-18. Weeds defined.
As used in this Article,the term"weeds"means:
A. All vegetation, other than commonly known and recognized trees,decorative shrubs and ornamental
grasses,which has attained a height of 12 inches or more and which meets any one of the following tests:
1. Vegetation which may exhale unpleasant or noxious odors.; or
2. Vegetation which does or could conceal deposits of trash or other material or which does or could
afford food or harborage for rats,mice or snakes-.Lor
3. Vegetation which is commonly known and recognized as weeds and grasses.-; or
4. Vegetation which causes a safety hazard by obstructing the line of sight of a motor vehicle driver,
bicyclist or pedestrian at a street intersection.- or
5. Vegetation which could interfere with the passage of motor vehicles, bicycles or pedestrians on
any public right-of-way.
B. Poison ivy,poison oak and poison sumac,at any height or stage of maturity.
Section 21-19. Weeds declared a nuisance.
Any growth of weeds on any lot or ground is hereby declared to be a nuisance.
Editor's note:Deleted language shown thus.Added language shown thus.
Bill 2017-63—Page 8
Section 21-20. Weeds prohibited.
It shall be unlawful for any person to cause,permit,maintain or allow the creation or maintenance of any
growth of weeds in violation of this Article.
Sec.21-21. Removal required.
A. It shall be unlawful for any owner,lessee or occupant,or any agent,servant,representative or employee of
any such owner, lessee or occupant having control of any oeoupiod lot or land or any part thereof in the
C-city to permit or maintain on any such lot or land,including any sidewalk,street or alleyway adjacent
to the same and any land between the property line and the curb,^"�^^^*"^ 'e..•,'v l*
alley adjacent to the same between the pr-eperty line and the any growth of weeds or any
accumulation of dead weeds,grass or brush.
B. It shall be the duty of any owner,lessee or occupant of any lot or land to cut and remove or cause to be cut
and removed all such weeds,grass,poisonous or harmful vegetation as often as may be necessary to
comply with the provisions of this Articl2subs� a)
(Code 1977, §24-9)
See.21-22. Defense.
A. It is an affirmative defense that the defendant did not have the legal right to control the location where a
violation of this Article occurred.
B. It is an affirmative defense that the growth of weeds was for agricultural purposes,provided that a fifteen
foot wide,weed-free buffer was maintained on the perimeter of the property wherever the property adjoins
property used for residential or commercial purposes.
C. It is an affirmative defense that the growth of weeds was part of a federal or state agricultural or
conservation program.
Sec 21-23. Continuing violation.
Each day that a violation of this Article continues shall be deemed a separate offense.
(Code 1977, §24-9;Ord. 14200, §1,5-21-2007)
Sec.21-24. Removal by FCity.
the rAayeF,shall give a heaFing after ten(10)days' notice theFeef-, eitheF peFSenally OF by United States mail te th-e
same te be abated within five(5)days. in the event that the weeds aFe net eut down and Femoved wMin five(5)
days,the D*FeCtGF of Planning and PFateetive SeMees er etheF designated efficial shall have the weeds cut dawn
and Femeyed- and Sh-all eefftify the east ef same to the eity c-!eF!(.The sity e!eF'(shall eause a special tax bill theFefeF
PFE)peFty.The tax bill fFeFA the date of its issuanee shall be a lien an the pFopeFty URtil paid and shall be PF*ma facie
pFeeeedings leading up to the issuance,shall be a defense theFete. Each special tax boll shall be issued by the Git�,
e!eF!(and deloveFed te the celieeteF E)R eF before the fiNt day efjuRe of each yeaF OF at a date establish-ed by the
Editor's note:Deleted language shown thus.Added language shown thus.
Bill 2017-63—Page 9
GOUAty GGl1eGtGF fOF SUGh bills.SUeh 13611S if Ret paid when due shall beaF inteFest at the Fate of eight(8)peFeent peF
ate:If the condition of a property violates the provisions of this Article,the Director shall notify the
Property owner of the violation pursuant to the procedures set forth in Sections 21-5,21-6,and 21-7 of the
City Code.The property owner may request a hearing pursuant to Section 21-8 of the City Code and if the
same is requested by the owner within the prescribed time,a hearing will be held and conducted pursuant to
Sections 21-9 and 21-10 of the City Code.If the property owner does not request a hearing within the time
limit,the City may abate the weeds and assess the costs pursuant to the procedures set forth in Chapter 21 of
the City Code.
(Ord.No. 15337, §1, 11-3-2014)
(Code 1977, §24-9;Ord.No. 13301, 11-5-2001)
Secs.21-25-21-35. Reserved.
ARTICLE III.TREES
Sec.21-36. Branches overhanging public ways.
Any tree located on private property in the Ecity, which overhangs or intrudes over or upon any public
street, alley' boulevard, roadway or sidewalk to such an extent that it interferes with the safety of the traveling
public, is hereby deemed and declared to be a nuisance.Any such tree shall be deemed to so interfere if the branches
thereof shall overhang or intrude within an area of nine(9)feet above the traveled surface of any sidewalk or twelve
(12)feet above the traveled surface of any street.
(Code 1977, §24-10)
Sec.21-37. Dead or unsafe trees.
Any tree located on private property in the Ecity, which, as determined by the Director of Parks,
Recreation and Forestry or his or her designee, is either dead or in such an unsafe or dangerous condition that it
constitutes a hazard to the safety of persons or vehicles traveling on any public street, alley, boulevard, roadway or
sidewalk in the Ecity, or to any persons or structures living or situated on adjacent private property, is hereby
deemed and declared to be a nuisance.
(Code 1977, §24-11)
Sec.21-38.Inspection of premises.
Subject to constitutional limitations,authorized agents of the Ecity are hereby authorized to enter upon any
private property within the Ecity to examine and inspect any tree thereon to determine if such tree is a nuisance as
defined in sSection 21-36 or 21-37. It shall be unlawful for any person.to interfere with any such authorized agent
making any examination permitted under this sSection.
(Code 1977, §24-12)
Sec.21-39. Notice to abate.
Whenever the Director of Plan,,;.,. and PFetective Sere; Parks,Recreation and Forestry or his or her
designee finds that a nuisance exists under any provision of this article,he or she shall give notice,by certified mail
addressed to the last known address of the owner of record or by personally serving the notice upon the owner of
record,and if there is more than one owner of record,by such mail or personal service to any one of such owners. In
Editor's note:Deleted language shown thus.Added language shown thus.
Bill 2017-63—Page 10
the event the owner of the property is unknown, or his or her whereabouts is unknown, notice shall be given by
posting such notice upon the property where the condition of nuisance exists. Such notice shall require the owner of
the property to abate the nuisance in the manner stated in sSection 21-40 as conditions warrant. Such notice shall
inform the owner of its right to request a hearing pursuant to the procedures set forth in Sections 21-8
through 21-10 of this Chapter.
(Code 1977, §24-14;Ord.No. 13301, 11-5-2001)
Sec.21-40.Owner to abate nuisance.
It shall be the duty of the owner of private property upon which any tree is located whose condition
constitutes a nuisance under sSection 21-36 or 21-37 to trim or remove such trees within thi ten 10 days
from the receipt date of notice from the publie health inspee•er Director of Parks,Recreation and Forestry or his
or her designee to do-so abate such nuisance.
(Code 1977, §24-15)
Sec.21-41. Abatement of nuisance by eCity and collection of costs.
Pursuant to Section 23-17 of the City Code, in any case where a person required under sSections 21-36
and 21-37 ea^n^* be raompelled for- an on fails to abate the nuisance defined in such sSections, b:v
presecutienand following the hearing procedures set forth in Sections 21-8 through 21-10 of this Chapter if
such hearing is requested, the Ecity, through its contractors and/or agents, may enter upon the premises, cut the
trees and/or branches, and abate such nuisance. The eity shall solicit and take at yeast two (2) , petiti.,e bids f-rem
peFSOnS engaged in the business of b
bidder.When the contractor selected by the eCity cuts the trees and/or branches on the premises where the condition
of nuisance existed, the Ecity shall issue its warrant to the contractor, in payment for said work, and the Ecity
eClerk shall certify to the finance department the cost of the work, and the finance department shall add the cost
thereof to the tax bill on the real estate involved, and the cost of cutting the trees and/or branches shall be collected
at the same time and in the same manner as other taxes on said realty are collected annually.
(Ord.No.9011, §2, 8-1-77)
Sec.21-42. City's right of entry to abate interference with enforcement.
Subject to constitutional limitations, any authorized agent of the Ecity shall have the right of entry for that
purpose into and upon any premises, in order to abate a nuisance pursuant to the provisions of this aArticle, and it
shall be unlawful to interfere with any such authorized agents.
(Ord.No.9011, §2, 8-1-77)
Sec.21-43. Penalty for failure to abate nuisance.
Any person notified to cut trees and/or branches within ten(10)&ys of sueh not who shall fail to do so
and abate such nuisance within the time specified in the notice,shall be deemed guilty of a misdemeanor,and upon
conviction shall be punished by a fine of not more than one hundred dollars($100.00);every day such nuisance
continues after the date specified for the abatement thereof in the notice provided for in sSection 21-39,shall
constitute a separate and distinct offense,punishable by a like fine.Hearings conducted under Section 21-8
through 21-10 of this Chapter shall toll the dates set forth in this section until such hearing procedures are
complete.
(Ord.No.9011, §2, 8-1-77)
Editor's note:Deleted language shown thus.Added language shown thus.
Bill 2017-63—Page 11
Secs.21-44-21-55. Reserved.
ARTICLE IV.RESERVED.
Cross Ref. Chapter 8,Article VII,Landlord Registration(Ord. 14246, §2,9-4-2007)
Secs.21-56-21-69 Reserved.
ARTICLE V.STORAGE OF GOODS
Sec.21-70. Display of certain items prohibited.
It shall be unlawful for the owner or occupant of any residential premises within the sCity to allow any of
the following items to remain on such premises in any location outside the residence which can be viewed from a
ground location off the premises:
appliances,bedding,bottles,boxes,broken glass,cans,cardboard(bundled or unbundled),cartons,
furniture manufactured for indoor use only,jars,machine parts,motor vehicle parts,newspapers,
magazines,periodicals,catalogs,books,pallets,paper(bundled or unbundled),plumbing fixtures,rags,
non-attached carpet,scrap metal,tire rims,tires,or lumber and building supply materials that are not neatly
stacked,provided however,that neatly stacked lumber and building supply materials may be allowed to be
stored on the yard,porch or carport pursuant to an active building permit and the owner or contractor is
actively working on the improvements,barring any delays beyond the control of the owner or contractor.
,(Ord.No. 11722, § 1,3-18-92)
Sec.21-71. Front yard and unenclosed front porch prohibitions.
A. It shall be unlawful for the owner or occupant of any residential premises within the sCity to allow any of
the following items in front yards or on unenclosed front porches:
Clothes,clothes lines,dog houses,trash containers,recycling bins,provided that trash containers and
recycling bins may be placed in the front yard next to the curb on days the property is scheduled to receive
trash removal services.
B. It shall be unlawful for the owner or occupant of any residential premises within the sCity to allow any of
the following items on unenclosed front porches:
ATVs,motorcycles
C. It shall be unlawful for the owner or occupant of any residential premises within the City to allow
items that violate the City Zoning Code(Chapter 35 of the City Code)in front yards or unenclosed
front porches.
(Ord.No. 11-722, § 1,3-18-92)
Sec.21-72. Nuisance declaration and continuing violations.
The maintaining,using,placing,depositing, leaving or permitting to be or remain on any public or private
property of any of the items as prohibited above in&Sections 21-70 and 21-71 are hereby declared to be and
constitute a nuisance and be subject to Article I of this Echapter. Each day that a violation of this article continues
Editor's note:Deleted language shown thus.Added language shown thus.
Bill 2017-63—Page 12
shall be deemed a separate offense.
(Ord.No. 11722, § 1,3-18-92)
Sec.21-73. Definitions.
The following definitions apply to this article:
A. "Occupant"means any person eighteen years of age or older who lives in a residence.
B. "Residence"means a structure designed for human habitation.The term does not include a porch or carport.
C. "Residential premises" means a tract or parcel of land upon which a structure designed for human
habitation is located,regardless of the current use of the structure.
D. "Front yard" means an open space across the full width of the lot extending from the front line of the
main building,or nearest principal building,to the front line of the lot where it fronts or abuts the
_street.Corner lots and double frontage lots shall be considered by this Ordinance to have two front
yards.
(Ord.No. 11722, § 1,3-18-92)
Secs.21-74:Violations.of this article.
Violations of this article are nuisances and are subiect to the notice,hearing,and abatement procedures set
forth in Sections 21-5 through 21-16 of the City Code.
Section 21-75-21-89. Reserved.
Section 2. This Ordinance shall be in full force and effect from and after the date
of its passage and approval.
r
Passed:_ _�� ��/ Approved:
` l
Presiding Officer Mayor Carrie Tergin
ATTEST: = APPROVED AS TO FORM:
OitCI rk City o selor
Editor's.note:Deleted language shown thus.Added language shown thus.
Bill 2017-63—Page 13