§ 15-4. Declaration of nuisance.  


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  • (a)

    When the enforcement officer becomes aware of the existence of any nuisance he shall cause a written notice to be served upon the owner or owner's agent either by personal service, United States mail or posting such notice on the premises.

    (b)

    The notice shall give the owner a hearing date on the 5th day after the service of notice. The hearing shall be held with the director of public works or his/her designee. If after the hearing it is determined that a nuisance exist, the owner shall be ordered to abate the nuisance within five (5) business days of the hearing.

    (c)

    If such nuisance is not abated by the owner within five (5) business days after the hearing, the order shall allow the city to immediately abate the nuisance without further notice.

    (d)

    Whenever a nuisance is in violation of this section is allowed, the owner of the land or, in case of joint tenancy, tenancy by entireties or tenancy in common, each owner thereof shall be personally liable under this section of the Code.

    (e)

    If weeds are allowed to grow, or if trash is allowed to accumulate, on the same property in violation of an ordinance more than once during the same growing season in the case of weeds, or more than once during a calendar year in the case of trash, the enforcement officer may, without further notification, have the weeds or trash removed and the cost of the same shall be billed in the manner described in section 15-5 of the Code of Carthage.

(Ord. No. 17-54, § I, 12-12-17)

Editor's note

Ord. No. 17-54, § I, adopted December 12, 2017, repealed and reenacted § 15-4 to read as set out herein. Former § 15-4 pertained to abatement and derived from Code 1978, § 245.030; Ord. No. 6793, § 2, adopted December 12, 1995; Ord. No. 97-14, §§ III, IV, adopted April 22, 1997; Ord. No. 00-74, § II, October 10, 2000; and Ord. No. 09-03, § III, adopted January 27, 2009.