Poor Porperty Management of Trash, Weeds & Refuge

Posted: July 09, 2009

ORDINANCE NO. 8, SERIES 1982

CITY OF MIDDLETOWN

AN ORDINANCE PROHIBITING CERTAIN PUBLIC NUISANCES
AND PROVIDING FOR THE ABATEMENT THEREOF

WHEREAS it has comes to the attention of the City Council that several real property owners within the City limits are not maintaining their property and are allowing weeds, refuge, trash, garbage, and other scrap materials to accumulate on said property, thereby attracting rodents or otherwise causing their property to be a nuisance to the public,

FURTHER, WHEREAS, it is necessary to clean these lots on or before the inset of the winter season and all good faith efforts of obtaining the cooperation of the property owners have failed;

IT IS HEREBY DECLARED, that the elimination of this nuisance is an emergency situation which must be resolved by the City Council immediately.

BE IT ORDAINED BY THE CITY OF MIDDLETOWN THAT:
Section 1: Any excessive growth of weeds such as jimson, burdock, ragweed, thistle, cocklebur or other weeds of like kind, found growing in any lot or tract of land in the City is hereby declared to be a nuisance, and it shall be unlawful to permit any such weeds to grow or remain on any such place.

Section 2: It shall be unlawful for any person owning or occupying real property within the City to permit any growth, refuge, trash, garbage or scrap material to accumulate and remain upon real estate owned or occupied by such person within the City, which accumulation of materials upon the property attracts rodents, or otherwise is a nuisance to the public.

Section 3: It shall be unlawful for anyone to permit any weeds, grass or plants, other than trees, bushes, flowers, vegetables, agricultural plantings, pasture grasses on lots of five (5) acres or more, crops or other ornamental plants to grow to a height exceeding twelve (12) inches any where in the City, and any such plants or weeds exceeding such height are hereby declared to be a nuisance.

Section 4: It shall be the duty of the Mayor or such other person as the City Council designates, by municipal order, to be the Environmental Enforcement Officer to serve or cause to be served a written notice upon the owner or occupant of any premises on which weeds or plants are permitted to grow in violation of the provisions of this ordinance and demand the abatement of the nuisance within ten (10) days of receipt of said notice.

Section 5: If the person so served does not abate the nuisance within ten (10) days, the Mayor or the Environmental Enforcement Officer may proceed to abate such nuisance by sending employees or contractors upon the said property and such expense shall be charged and paid by such owner or occupant.

Section 6: The City shall have a lien against said property for the reasonable value of labor and materials for such weed or vegetation removal. The affidavit of the Environmental enforcement officer or other reasonable responsible officer shall constitute prima facie evidence of the amount of the lien.

Section 7: The affidavit evidencing the amount of the lien shall be recorded in the Office of the County Clerk. This statement shall contain a legal description of the premises, the expenses and costs incurred and the date the weeds or vegetation were cut, and a notice that the City claims a lien for this amount.

Section 8: The said lien shall be noted to all persons from the time of its recording and until paid, said lien shall bear such maximum interest as provided by law, from time to time, Enforcement of the lien shall be according to law.

Section 9: The Clerk of the City of Middletown is authorized to publish this ordinance as required by law.