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Chapter 34 – Maintenance/Property, Outside of Lot Lines and Inside of Curb Lines on Public Streets

TITLE III   COMMUNITY PROTECTION

 CHAPTER 34

MAINTENANCE OF PROPERTY OUTSIDE OF LOT LINES AND

 INSIDE OF CURB LINES ON PUBLIC STREET

 

3-34-1              Purpose
3-34-2              Duties
3-34-3              Responsibility of Abutting Property Owner
3-34-4              Procedures as to Non-complying Property Owner 

 

SECTION 3-34-1                  PURPOSE.  The purpose of this ordinance is to promote the public welfare and safety by establishing responsibility for the maintenance of property outside of lot lines and inside of curb lines on public streets within the corporate limits of this city.

SECTION 3-34-2                  DUTIES OF PROPERTY OWNERS. Owners of property within the corporate limits shall have the duty of cutting or destruction of weeds or other growth on the owners’ property which constitute a health, safety or fire hazard.

SECTION 3-34-3                  RESPONSIBILITY OF ABUTTING PROPERTY OWNER.  An abutting property owner is hereby required to maintain all property outside the lot and property lines and inside the curb line upon public streets except that such abutting property owner shall not be required to remove diseased or dead trees on any publicly owned property or right-of-way.

SECTION 3-34-4                  PROCEDURES AS TO NON-COMPLYING PROPERTY OWNERS.  If  any property owner or abutting property owner does not perform the action required under Section 3-22-2 and 3-22-3 of this ordinance within 72 hours after written notice, the City may perform the required action and assess the costs against the property for collection in the same manner as a property tax. Notice shall be given to the property owner or abutting property owner by personal service or by certified mail to the property owner as shown by the records of the county auditor and shall state the time within which action is required; in an emergency the City may perform any action which may be required under this section without prior notice and assess the costs as provided in this section after notice to the owner or abutting owner and hearing.

 

The costs to be charged and assessed shall be according to Section 3-21-3 (8) plus a reasonable charge for the costs of preparing and serving the notice

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