§ 48-43. Improper accumulation and storage; abatement.

(a)

The manager of public health and environment, the manager of public works, the manager of community planning and development, the manager of aviation, the director of development services, or any of the authorized representatives of them or any of them, may order the owner, occupant or agent of the owner of any premises upon which there is an accumulation or storage of any trash to remove the same within a reasonable time if such accumulation is:

(1)

Offensive to sight;

(2)

In a condition which fosters the propagation of rats or vermin or flies or other insects;

(3)

Otherwise insanitary, prejudicial or in any manner hazardous to the public health; or

(4)

Disposed in violation of any ordinance or regulation.

(b)

Such order shall be made in writing, delivered whenever feasible, personally to the owner, occupant or agent of the owner, or, where such personal delivery is not feasible, posted conspicuously at the premises.

(c)

Such order shall specify a reasonable period within which compliance shall be had.

(d)

For purposes of ascertaining violations of this section and investigating complaints made hereunder, whenever reasonable cause for investigation appears, the right of entry onto any premises at any reasonable time to conduct a reasonable inspection or investigation is hereby granted to the manager of public health and environment, the manager of public works, the manager of community planning and development, the manager of aviation, the director of development services, and the authorized representatives of them or any of them.

(e)

If any order lawfully issued pursuant to subsection (a) is not complied within such reasonable time as is specified therein, the manager of public health and environment, the manager of public works, the manager of community planning and development, the manager of aviation, the director of development services, or the authorized representatives of any of them may, after notice to persons of record interest in the property, order the particular instance of improper accumulation or storage of trash removed by the city and the persons of record interest shall be responsible for the costs and expenses of removal. The procedures outlined in subsection (h) for the collection of the costs and expenses thereof shall apply additionally to the penalty by this Code provided.

(f)

It shall be unlawful to refuse to comply with any order lawfully issued in pursuance of subsection (a).

(g)

It shall be unlawful to hinder, prevent or refuse to permit any lawful inspection or investigation authorized in pursuance of subsection (d).

(h)

If the owner, occupant or agent of the owner shall fail within thirty (30) days after billing to pay the costs and expenses of the removal of the improper accumulation or storage of trash by the city, a lien may be assessed against the property for such costs. To initiate such a lien, the manager of public health and environment, the manager of public works, the manager of community planning and development, the manager of aviation, the director of development services, or the authorized representatives of any of them shall certify a statement thereof to the manager of finance who shall record a notice of such lien with the clerk and recorder. An action or other process provided by law may be maintained by the city to recover or collect any amounts, including interest and administrative costs, owing under this provision.

(Code 1950, § 352.7; Ord. No. 1110-96, § 1, 12-16-96; Ord. No. 464-98, § 3, 7-6-98; Ord. No. 775-07, § 77, 12-26-07; Ord. No. 425-10, § 2, 8-9-10; Ord. No. 427-18, § 26, 6-11-18)