§ 30-40. Abatement by order of city.

(a)

Abatement by owner. Upon notification of violation, as provided in this chapter, the proprietary party, his representative or any person acting in concert with him or them shall jointly or severally abate the nuisance and/or prohibited activity or condition by removing the offending matter or taking the corrective action to abate said nuisance and/or prohibited activity or condition within five days.

(b)

Abatement of weeds by city. Notwithstanding whether any injunctive or other judicial relief is petitioned for in accordance with the provisions of this chapter, if the violation consists of weeds, grass or other vegetation on a vacant lot or unoccupied residence in a recognized subdivision and is not abated within five days of notification, the city, through the department of inspection and code enforcement, is hereby authorized to cut, destroy and remove all such grass, weeds and other deleterious or unhealthy growths of vegetation on a monthly basis for a period of one year without further notice. Thereafter, each subsequent notice of abatement will permit the city to cut, destroy and remove all such grass, weeds and other deleterious or unhealthy growths of vegetation on a monthly basis for an additional period of one year. The property owner, as shown on the latest property assessment rolls, shall be assessed a charge for the cutting, destruction and removal in accordance with the following schedule:

(1)

A charge of $0.01 per square foot but not less than a minimum charge of $100.00 shall be assessed.

(2)

If the costs to the city for the cutting, destruction and/or removal exceeds the amount of $100.00, the owner of the property shall be assessed the actual cost, plus a surcharge equal to 100 percent of the costs to cover inspection and administrative costs.

(c)

Abatement of junk, trash, etc. Notwithstanding whether any injunctive or other judicial relief is petitioned for in accordance with the provisions of this chapter, if the violation consists of any prohibited activity or condition specified in this chapter and is not abated within ten days of notification, the city, through the department of inspection and code enforcement, is hereby authorized to clear, destroy and remove all such offending materials and/or take any action necessary to abate the nuisance; and the property owner, as shown on the latest property assessment rolls, shall be assessed a charge for the clearing, destruction and removal and/or other corrective action in accordance with the following schedule:

(1)

A charge of not less than $150.00 shall be assessed for the removal of any trash, debris, refuse, junk, abandoned, discarded or unused objects, equipment, machinery, or parts thereof or any other noxious matter or offending materials.

(2)

If the cost to the city for clearing, removing and/or destroying such items exceeds the amount of $150.00, the owner of the property shall be assessed actual cost, plus a surcharge equal to 100 percent of the costs to cover inspection and administrative costs.

(Code 1976, § 9:101; Ord. No. 985, 10-14-1991; Ord. No. 1115, § 15:114, 1-11-1999; Ord. No. 1167, 1-8-2001; Ord. No. 1384, 7-13-2009)