Sec. 11-107. - Violations and notice.
(a) Each day any violation of Section 11-102, 11-103, 11-105, or 11-106 continues after issuance of an initial notice shall constitute a separate offense. Upon conviction, each violation of Section 11-102, 11-103, 11-105or 11-106 shall be punishable as a Class 1 misdemeanor.
(b) In addition to any penalties imposed for a violation of Section 11-102, 11-103, or 11-105, a judge hearing the case shall order the person responsible for such condition to remove, restore, remediate or correct the violation or condition. It shall be unlawful for any person to default in such removal, restoration, remediation or correction after being so ordered, and each day's default shall constitute a violation of and a separate offense under this article.
(c) Any law enforcement officer, fire marshal or any assistant thereof, fire inspector, sworn special police officer, or any other City employee designated by the chief administrative officer is authorized and shall have authority to enforce all sections of this article.
(d) Whenever it shall come to the knowledge of the Chief Administrative Officer, or his or her designee, that there exists upon any land or premises in the City any condition constituting a violation of Section 11-102, 11-103, or 11-105, such person shall serve, post, mail or deliver a notice to any of the following to cause such condition to be abated from such land or premises within 48 hours of delivery or posting of such notice or in the time limit set forth in the notice:
(1) The person causing or creating the condition;
(2) The person allowing the condition to remain or continue;
(3) The occupant of the land or premises; or
(4) The owner of the land or premises.
Proof of such service, delivery, mailing or posting shall be sufficient evidence of such notice. One such notice per growing season, defined as the period annually from March 1 to November 30, shall be considered reasonable notice.
(e) Notwithstanding Subsection (d) of this section, if the Chief Administrative Officer or any person specified in Subsection (c) of this section determines that the condition constitutes an imminent, substantial or compelling threat to the public health or to the environment, the condition may be ordered abated without ever giving the notice required in this section.
(f) When any person is in possession of any property or has charge thereof within the City as executor, administrator, trustee, guardian, or agent, such person shall be deemed to be the owner of such property for the purposes of this article and shall be bound to obey all orders and notices of the Chief Administrative Officer in regard to nuisances; sanitation; violations of Section 11-102, 11-103, or 11-105; or other matters, so far as they may affect such property, in the same manner, and be subject to the same penalties and fines as if such person were actually the owner of such property.
(Code 1993, § 19-55.1; Code 2004, § 38-155; Code 2015, § 11-107; Code 2020, § 11-107; Ord. No. 2004-360-330, § 1, 12-13-2004; Ord. No. 2015-191, § 1, 1-11-2016)