§ 31-14. Unlawful accumulation; declared nuisance; issuance of notice; abatement.

(a)

It shall be unlawful for any person to allow to be accumulated at any place within the limits of the city, except at public dumps, any trash or garbage, or to permit the accumulation of trash or garbage to become or remain offensive, unsightly, unsafe to public health or hazardous from fire. The existence of such is a public nuisance.

(b)

Whenever a complaint is filed with the health officer by a resident of the city charging that such a nuisance exists or whenever it appears to a designated representative of the health officer that such a nuisance exists, such person shall, if a preliminary investigation discloses a basis for such charges, issue and cause to be served upon the owner, every mortgage of record and all parties in interest in such real property, including persons in possession, a notice declaring such to be a nuisance. Such notice shall be in accord with and have the same effect as the notice issued under section 31-4(a)—(d).

(c)

Subsequent to the notice issued under subsection (b) of this section becoming an order, and if an order to abate the nuisance is not voluntarily completed within the time set forth in the order, the health officer shall certify the existence of such nuisance to the public officer, who shall cause such nuisance to be abated. The amount of the cost of such abatement by the public officer shall be a lien against the real property upon which such cost was incurred and such lien, including as a part thereof allowance of such officer's costs and the necessary attorneys' fees, may be foreclosed in judicial proceedings in the manner provided or authorized by law for loans secured by liens on real property or shall be assessed as a special assessment against the lot or parcel of land on which the nuisance was located and the unified government clerk shall, at the time of certifying other city taxes, certify the unpaid portion of the aforesaid costs and the county clerk shall extend the same on the tax rolls of the county against the lot or parcel of land.

(Code 1964, § 18-15; Code 1988, § 31-14; Ord. No. 39215, § 4, 6-3-1954; Ord. No. 39216, § 4, 6-3-1954; Ord. No. 42843, § 1, 5-16-1961; Ord. No. 54968, § 1, 6-1-1976; Ord. No. 65399, § 4, 2-16-1989)

Cross reference

Health nuisances, § 17-31 et seq.