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2001 Ordinances
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2001 Ordinances
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2/6/2009 3:39:23 PM
Creation date
6/6/2001 5:15:47 PM
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Ord/Resolutions
Year
2001
Ord/Resolutions - Type
Ordinances
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growing or severed from the land, of such height or of such profusion as to constitute or <br />which is likely to constitute a harborage for rats, a place where mosquitoes or other <br />harmful pests or insect infestations may breed or water may stagnate or which conceals or <br />is likely to conceal deposits of garbage, trash or debris. Weeds which have attained a <br />height of ten (10) inches or more shall be presumed to be detrimental to public health and <br />a public nuisance, which presumption may be rebutted by competent evidence. <br /> <br />Sec. 23-4. Lien for abatement expenses incurred by city--Generally. <br /> <br /> There shall be a lien on any real estate for the mount of expense incurred by the <br />city in abating any nuisance thereon after notice to the owner as provided by ordinance. <br />Such lien shall rank on a parity with liens for unpaid local taxes. Such lien shall not be <br />good against a purchaser of such real estate for value without notice until the lien is <br />docketed as required by section 23-5. <br /> <br />Sec. 23-8. Abatement or removal of nuisances, recovery of costs. <br /> <br /> (bi The term "nuisance" shall include, but not be limited to, dangerous or <br />unhealthy substances which have escaped, spilled, been released or which have been <br />allowed to accumulate in or on any place and all unsafe, dangerous or unsanitary public <br />or private buildings, walls or structures which constitute a menace to the health and <br />safety of the occupants thereof or the public. The term "responsible party" shall include, <br />but not be limited to, the owner, occupier or possessor of the premises where the nuisance <br />is located; the owner or agent of the owner of the material which escaped, spilled or was <br />released and the owner or agent of the owner who was transporting or otherwise <br />responsible for such material and whose acts or negligence caused such public nuisance. <br /> <br />Sec. 23-27. Notice to abate--Required: contents. <br /> <br /> (a) Whenever the director or designee finds that grass or weeds exist on any land. <br /> alley, sidewalk or street, he shall give notice in writing of the existence of the nuisance to <br /> the owner or occupant, or both, or lien holder, of the land on which the nuisance exists, or <br /> to the owner or occupant, or both, or lien holder, of the land abutting the alley, sidewalk <br /> or street on which the nuisance exists, and shall order the owner or occupant, or both, to <br /> cut and, when necessary, remove the grass or weeds within:such reasonable time as the <br /> director or designee shall specify in the notice; provided, that in no event shall the time <br /> allowed be greater than ten (10) days. One notice issued during that current growing <br /> season is declared as reasonable notice for the entire growing season. The notice shall <br /> provide that the grass or weeds shall be cut. and/or removed from such land or premises <br /> within ten (10) days of the same and maintained in accord with this section, or the same <br /> shall be done by the City, at the expense of the owner. <br /> <br /> (b) Whenever the director or designee finds that debris exists on any land, alley, <br />sidewalk or street, he/she shall give notice in writing of the existence of the nuisance to <br />the owner or occupant, or both, or lien holder, of the land on which the nuisance exists, or <br />to the owner or occupant, or both, or lien holder, of the land abutting the alley, sidewalk <br /> <br /> <br />
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