Lot clearance; failure to comply; notice to owner

(a)

The owners or agents of all rental units, including multiple apartments, and the owners of all structures, either residential or commercial, shall be responsible at all times for keeping their premises clean and free from all trash and litter, including the sidewalks and swales on which the buildings or lands front. It shall be the duty of all owners of lots, parcels and tracts of land within the city to keep such property in a safe clean and presentable condition, and to remove therefrom all garbage, surplus grass, saplings, weeds and other growths, and all trash, and to fill in all excavations and depressions thereon, and to limit the growth of grass, weeds, or bushes to no more than 12 inches in height.

(b)

In the event the owners of lots, tracts or parcels of land within the city fail or refuse to keep such property in a safe, clean and presentable condition, the code enforcement inspector shall provide notice to the owner that the owner has committed a violation of this chapter and shall establish a reasonable time period within which the owner must correct the violation.

(c)

The code inspector, as defined in section 2-811, shall give the notice by registered or certified mail to the owner of the property at the owner's last known mailing address, as disclosed by the city records or by county tax rolls, or at the property's street address, or upon any occupant thereof, or upon any agent or employee of the owner thereof. Said notice shall be deemed sufficient when so addressed and deposited in the United States mail with proper postage prepaid. If the address of the owner is unknown to the code inspector, as defined in section 2-811, and if the property is unoccupied and the owner thereof has no agent or employee available for service of such notice, the posting of a notice upon such property by the code inspector, as defined in section 2-811, shall constitute and be sufficient notice to the owner thereof. All methods of giving notice as provided for herein are cumulative and independent of the other, and the code inspector, as defined in section 2-811, may use one or all of the same as may be deemed necessary. The notice shall include an opportunity for a hearing as provided in section 22-93.

(d)

In the event the owner of any lot, parcel or tract of land shall fail to remove therefrom all surplus grass, saplings, weeds, trash or garbage, or fail to fill in all excavations and depressions thereon, or allow the growth of grass, weeds, or bushes to exceed 12 inches in height after notice has been given by the code inspector, as defined in section 2-811, the city may clean or cause to be cleaned such lot, tract or parcel of land and place it in a safe and sanitary condition.

(e)

Any actions taken by the city to bring a lot into compliance does not create a continuing obligation on the part of the local governing body to maintain the lot and does not create any liability against the local governing body for any damages to the property if such actions were completed in good faith.

(f)

Vacant lots that are not maintained in a clean and sanitary manner and are in repeated violation of this section shall be subject to the city's Continual Maintenance Program ("CMP") and shall be notified of such by certified mail and posting on the property. The CMP will allow city employees and/or vendors to enter upon the vacant land for maintenance and lot clearing purposes after due notice is provided.

(Ord. No. 13044, § 2, 12-11-08; Ord. No. 13647, § 2, 11-17-16)