Section 11-223 Unimproved public right of way.
Prior to the adoption of 16982 on 09/01/2001, Section 11-223 read as follows.
(a) It shall be unlawful for any person who shall be the
owner, occupant or person in control of
any lot or ground, or in the case of joint tenancy, tenancy by entireties, or tenancy in common,
each owner, occupant or person in control thereof, or the agent of any such person(s) having care
of any lot or ground, to carry on, maintain, permit, continue or allow any acts, omissions or
conditions declared to be a nuisance upon such lot or ground within the boundaries thereof, or
which creates or contributes to a nuisance under the provisions of section 11-222, seven (7) days
after notice from the director of health services or his duly authorized agent describing the nature
and location of such nuisance. Notice shall be deemed sufficient if it shall have been served
either personally, or by posting such notice upon the property in question, or by mailing such
notice through the United States mail; mailed notice to be deemed served upon proof that such
notice was deposited in the United States mail, first class postage prepaid and addressed, in the
case of an individual, to his business address, residence address or such address as the records of
the assessor shall reveal to be his address for tax purposes; or in the case of a corporation, to the
registered office of agent of such corporation as the records of the secretary of state shall reveal.
(b) For the purposes of this article the owner(s) of any
fee simple absolute interest underlying
any unimproved public right-of-way or portion thereof shall be deemed to be the owner(s)
thereof and responsible for its maintenance under the provisions of section 11-224.
(c) If, after the required notice, the director determines
that the nuisance still exists, the
director, or his designee, shall:
(1) Refer the violation to the city
prosecutor for prosecution in a court of competent
(2) Schedule the nuisance for abatement
action by the city, and the costs of such abatement
may be levied as a special tax in the manner prescribed by law;
(3) Both refer the violation for prosecution
and abate the nuisance. It shall not be a defense
to prosecution that the city has abated the nuisance.
(d) If the director or city manager determines that the city
should abate the nuisance and levy
the costs of such abatement against the property, he shall immediately cause notice of this
determination to be sent to the owner, occupant or person in control of the property. Notice shall
be sufficient if it complies with the provisions of paragraph (a) above. The owner, occupant or
person in control shall have five (5) days from the date of mailing of the notice to request a
hearing before the director.
(e) Any hearing requested under this section shall be held
as soon as possible after the request
for a hearing has been made but not later than five (5) days after the request. All interested
parties may appear at such hearing either in person or by attorney and present evidence
concerning the matters at issue. If, upon such hearing, the director finds that a nuisance exists, he
shall order the owner, occupant or agent of such property, or the person causing or maintaining
such nuisance to abate the same immediately and upon failure to abate within five (5) days, shall
proceed as set out in paragraph (b) of this section.
(f) Each day, after the seven (7) days' notice provided for
in paragraph (a) above, from the
director or his duly authorized agent that a nuisance shall exist or continue, shall constitute a
(Code 1964, § 10.4070; Ord. No. 10650, § 1, 7-15-85; Ord. No. 11146, §