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ARTICLE 2 NUISANCES

Started by SugarD, October 22, 2009, 11:29:01 AM

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SugarD

SECTION 2.2.120

When the Health Officer, acting under any authority vested in him or her, orders the abatement of a nuisance or condition that endangers the public health, safety and welfare, and the person or persons responsible for the creation or maintenance of the nuisance fail to comply with the order, the Health Officer may request the Department of Public Works or any other department having the necessary workforce and equipment, to perform the work required to abate the nuisance.

SECTION 2.2.121

All costs incurred pursuant to this article shall be a personal obligation against the person or persons responsible for the creation or maintenance of the nuisance and the owner of the property, recoverable by the state in an action before any court of competent jurisdiction. These costs shall include an amount equal to 40 percent of the cost to perform the actual work, but not less than the sum of $100.00, to cover the state's costs for administering any contract and supervising the work required. In addition to this personal obligation and all other remedies provided by law, the state may collect any judgment, fee, cost, or charge, including any permit fees, fines, late charges, or interest, incurred in relation to the provisions of this section as provided in all state-wide codes.

SECTION 2.2.122

Rubbish and other material dangerous or injurious to neighboring property or to the health or safety of residents of the vicinity constitute a public nuisance.

SECTION 2.2.123

Every owner of any parcel of land or premises who, after receiving notice as provided the state, authorized law enforcement, or the Department, fails to abate a public nuisance thereon consisting of weeds, rubbish or other material dangerous or injurious to neighboring property or to the health or welfare of residents of the vicinity by the date specified in the notice or the date upon which the state is authorized to abate the nuisance pursuant to all codes, whichever date is later, is guilty of a misdemeanor.

SECTION 2.2.124

Any standing water on private property which has become a breeding source for mosquitoes is hereby declared to be a public nuisance and an immediate threat to the public health safety and welfare of the citizens.

SECTION 2.2.125

When the Health Officer or an officer of any authorized state department acting under any authority vested in him or her finds any standing water on private property which has become a breeding source for mosquitoes, said officer may issue a written order to abate the standing water or other condition that endangers the public health, safety and welfare of the citizens. The owner or other person or persons responsible for the private property where the breeding source was found shall have 72 hours to abate or eliminate the condition which created the breeding source for mosquitoes. Upon the issuance of the notice to abate the nuisance created by the breeding source for mosquitoes, the owner or other person or persons responsible for the private property may at no cost to the owner or responsible person request that the vector control district abate the standing water as a source of breeding mosquitoes. The owner or responsible person may also choose to abate the nuisance within the 72 hours allowed. Any owner or responsible person who fails to comply with a 72 hour nuisance abatement order issued pursuant to this section shall be guilty of a misdemeanor.

SECTION 2.2.126

If any officer as described in this code who is lawfully on private property finds a nuisance as described above and is unable to contact the owner or other person or persons responsible for the private property in question within twenty-four hours, said officer may summarily abate the nuisance at no cost to the owner or responsible person. If a nuisance has been abated without the knowledge or permission of the owner or other responsible person, then the abating officer shall post a notice on the property in a prominent place that explains exactly where and what steps were taken to abate the nuisance.

SECTION 2.2.127

If an owner or responsible person who has been cited to abate a nuisance within 72 hours fails to do so, any officer described herein may then summarily abate the nuisance. All costs incurred to abate the nuisance pursuant to this section shall be a personal obligation against the owner or person or persons responsible for the creation or maintenance of the nuisance, recoverable by the abating organization in an action before any court of competent jurisdiction. These costs shall include an amount equal to 40 percent of the cost to perform the actual work, but not less than the sum of $100.00, to cover the costs for doing the work, administering any contract to do the work and/or supervising the work required. In addition to this personal obligation and all other remedies provided by law, the abating organization may collect any judgment, fee, cost, or charge, including any permit fees, fines, late charges, or interest, incurred in relation to the provisions of this section as provided in all codes.

SugarD

#1
This article is enforced in all states.