§ 13-39. Vacant or unimproved property; removal of refuse or other inappropriate obstruction required.

(a)

The owner of vacant or unimproved property within the city shall have the responsibility to ensure that his property remains free from any and all refuse or other inappropriate obstruction from said property and shall, within ten (10) days after receiving written notice from the city that the property is in violation of this section, remove any and all refuse or any other inappropriate obstruction from said property including the abutting swale area. The written notice mailed to said owner in accordance with the provisions of this section shall indicate that with notice and absent compliance by the owner with the provisions of section 13-41, the city shall have the right to enter upon the property and remove any and all refuse or inappropriate obstructions and/or mow such property not more than six (6) times per year. If the vacant or unimproved property has refuse or inappropriate obstructions, charges will be levied pursuant to subsection (d).

(b)

The city will mow or hire an independent contractor to mow vacant lots that are free of refuse and inappropriate obstructions up to six (6) times each calendar year. In addition, if said vegetative growth, regardless of the frequency of cutting, grows to a height of twelve (12) inches or more on vacant property, the city may mow or hire an independent contractor to mow the unobstructed growth and charge said work to the property owner.

(1)

The city may cause the mowing of vacant lots on a regularly scheduled basis so as to maintain the health and safety of neighboring property owners and property values. All costs and expenses incurred by the city for the mowing of vacant lots and/or removal of refuse, garbage and improperly graded landfill shall be charged to the property owner. The failure to pay the city all sums due upon receipt of an itemized statement, shall result in the matter being referred to the city code enforcement board for appropriate action.

(2)

If, in the event a lot cannot be mowed due to inappropriate obstructions, including refuse, garbage and improperly graded landfill, and after the property owner receives written notice to remove the inappropriate obstruction and fails to do so within ten (10) days of receiving the written notice, it shall be deemed a violation of the Code of Ordinances.

(c)

Notice, where required by the provisions of this section, may be accomplished by posting a notice stating the date of the posting and the time within which materials referred to shall be removed, and by mailing, postage prepaid, a copy of such notice to the last known address of such owner, agent or other person above described.

(d)

In the event any person required by the terms of this section to remove refuse, or other inappropriate obstruction shall fail to do so the same, the city may cause such removal to be done by a private contractor and shall forthwith charge all related expense necessary for such service to the legal owner of the property. If out of necessity, the city incurs expenses related to the required clean-up by a private contractor, such costs shall be charged to the property owner.

(e)

Reserved.

(f)

Reserved.

(g)

Where there exists vacant property that has unique ecological fauna and flora within the environs of said property, the community development director or his designee will determine if said property shall be maintained pursuant to the terms of this section.

(h)

Upon issuance of a building permit by the city for the development of a tract of vacant unimproved land, the exemption referenced in subsection (g) shall be removed and the property shall be subject to all provisions of this section.

(Ord. No. O-84-5, § 1, 2-1-84; Ord. No. O-86-2, § 12, 2-5-86; Ord. No. O-86-3, § 1, 2-5-86; Ord. No. O-87-30, § 1, 9-16-87; Ord. No. O-90-17, § 21, 10-3-90; Ord. No. O-91-16, § 2, 11-6-91; Ord. No. O-94-4, § 9, 1-19-94)

Editor's note

See editor's note following § 13-37.