§ 6-3.07. Abatement: Accumulation of discards, solid waste, compostables, recyclables, or recyclable commodities: Breeding places or potential breeding place for flies, mosquitos, or rodents.

(a)

Accumulation of discards, solid waste, compostables, recyclables, or recyclable commodities. No person shall maintain any accumulation of discards, solid waste, compostables, recyclables, or recyclable commodities or maintain or create a breeding place or potential breeding place for flies, mosquitos, or rodents. No person shall permit another person to maintain on his premises any accumulation of discards, solid waste, compostables, recyclables, or recyclable commodities, or maintain or create a breeding place or potential breeding place for flies, mosquitos, or rodents, which is a public nuisance.

(b)

Public nuisance. Whenever the Director determines that there exists an accumulation of discards, solid waste, compostables, recyclables, or recyclable commodities, or a breeding place or potential breeding place for flies, mosquitos, or rodents, which is a public nuisance, the Director is hereby authorized to notify the owner or occupant of any private property within the City, or the agent of such owner or occupant, to properly dispose of discards, solid waste, compostables, recyclables, or recyclable commodities, located on such property. Such notice shall be by the personal issuance of a Notice of Violation, or by certified mail addressed to such owner or occupant, or the agent thereof, at owner/occupant's last known address.

(c)

Notice of intent to abate. Upon the failure, neglect, or refusal of the person so notified pursuant to the provisions of subsection (b) of this section to properly dispose of such discards, solid waste, compostables, recyclables, or recyclable commodities, or to abate the breeding place or potential breeding place for flies, mosquitos, or rodents within five (5) days after the receipt of a written notice as provided in subsection (b) of this section, or within seven (7) days after the date of such notice in the event the notice is returned to the City because of inability to make delivery thereof, provided the notice was properly addressed, postage prepaid, and sent to the last known address of such owner or occupant or agent thereof by both first class and certified mail, return receipt requested, the Director shall serve upon the owner of record or occupant of the property, or the agent thereof, a notice of intention to abate. The notice shall be served, or when service by personal service cannot be accomplished, the property shall be posted. Any person receiving such a notice, within five (5) days, exclusive of Saturdays, Sundays, and City holidays, from the service of the notice, may request a hearing before the City Manager as set forth in subsection (d) of this section. If a hearing is not so requested, the Director shall proceed to abate the discards, solid waste, compostables, recyclables, or recyclable commodities, or breeding place or potential breeding place for flies, mosquitos, or rodents as provided in subsection (e) of this section.

(d)

Hearing. A request for the hearing provided for subsection (c) of this section shall be in writing and shall contain the name and mailing address of the appellant and a general description of the order being appealed. The request shall be given or mailed to the City Clerk. A hearing date shall be scheduled within ten (10) days from the receipt of the request for a hearing. Notice of the time, date, and place of the hearing shall be mailed by the City Clerk to the appellant and provided to the Director. At the time fixed for the hearing, the City Manager shall hear and consider all relevant testimony and evidence relating to the matter as offered by the appellant and by the Director. Upon the conclusion of the hearing, the City Manager shall determine whether or not an accumulation of discards, solid waste, compostables, recyclables, or recyclable commodities or breeding place or potential breeding place for flies, mosquitos, or rodents exists and whether or not the Director shall cause the abatement of such accumulation or breeding place or potential breeding place.

(e)

Abatement. In the absence of a request for a hearing or upon the neglect or refusal of any violator to comply with the order to abate provided for in subsections (b) and (c) of this section within the time allowed, the Director shall cause such accumulation of discards, solid waste, compostables, recyclables, or recyclable commodities, or breeding place or potential breeding place for flies, mosquitos, or rodents to be removed properly and disposed of by the City or by private contract, and the Director is hereby expressly empowered and authorized to enter upon the premises for such purposes as provided by law.

(f)

Cost of abatement. When the City has effected the removal of such discards, solid waste, compostables, recyclables, or recyclable commodities, or breeding place or potential breeding place for flies, mosquitos, or rodents as set forth in subsection (e) of this section, the owner or occupant of the property or the agent thereof shall be liable to the City for the costs of such removal and disposal. An itemized account of the cost of abatement including the actual expenses and cost of the City in the preparation of notices, staff inspections, and cost of preparing, printing, and mailing notices as required by this chapter, must be provided to the owners and/or persons maintaining the accumulation with a notice of the time when such costs shall be due and payable.

(g)

The procedure set forth in this section shall not limit or restrict the City from enforcing this section or any other provision of this chapter in any other manner provided by law, including civil or criminal prosecution.

(§ 1, Ord. 792, eff. April 15, 1993)