Loading...
HomeMy WebLinkAbout07-294A SUBSTITUE AMENDMENT #1 OCTOBER 9, 2007 SEPTEMBER 25, 2007 SEPTEMBER 11, 2007 07 -257 07 -27 4 07 -294A LAID OVER ORDINANCE (CARRIED LOST 3-4 LAID OVER WITHDRAWN PURPOSE: AMEND PUBLIC NUISANCE PROVISIONS AFFECTING PROPERTY USAGE INITIATED BY: DEPARTMENT OF COMMUNITY DEVELOPMENT A GENERAL ORDINANCE OF THE CITY OF OSHKOSH REPEALING AND RECREATING SECTIONS 17-36(A), 17-38(A)(B) AND (C) ALL PERTAINING TO PUBLIC NUISANCES The Common Council of the City of Oshkosh does ordain as follows: SECTION 1. That Section 17 -36(A) of the Oshkosh Municipal Code pertaining to Public Nuisances affecting Property Usage is hereby repealed and recreated to read as follows: SECTION 17-36 PUBLIC NUISANCE AFFECTING PROPERTY USAGE (A) The exterior of every residential and non-residential structure, accessory structure and fences, including but not limited to foundations, exterior walls, windows, doors, porches, decks, stairs and roofs, shall be maintained by the owner in good repair. The same shall be maintained with products and materials designed, intended and compatible to be used as permanent exterior finish materials for the application in which said products and materials are used or proposed to be used for purposes of preservation and appearance. The same shall be maintained free of: - broken or missing siding, shingles or exterior woodwork - crumbling stone or brick - excessive chipped, peeling, or lack of paint - missing, broken or deteriorated steps, porches, handrails and guardrails - the use of products and materials for temporary weatherization that are not designed, intended and compatible for the application in which said product is used or proposed to be used. - other conditions reflective of deterioration and/or inadequate maintenance or as may tend to depreciate property values in the area or create a nuisance or hazard. OCTOBER 9, 2007 SEPTEMBER 25, 2007 SEPTEMBER 11, 2007 07 -257 07 -27 4 07 -294A LAID OVER ORDINANCE SECTION 2. That Section 17 -36(E) of the Oshkosh Municipal Code pertaining to Public Nuisances affecting Property Usage is hereby repealed and recreated to read as follows: (E) In addition to any other penalty assessed under this chapter, any violation of this section, after conviction of such violation, may be abated pursuant to section 17-38 of this code. Exceptions: 1. Violations posing an immediate danger to the public health, safety, peace, morals or decency as provided in Section 17-38(B)(1) may be abated pursuant to section 17-38 without conviction of a penalty. 2. Subsequent violations of this chapter within 12 months after conviction of the first violation may be abated pursuant to 17-38 without conviction of the repeat offense. SECTION 3. That Section 17 -38(A), (B) and (C) of the Oshkosh Municipal Code pertaining to the Abatement of Public Nuisances are hereby repealed and recreated to read as follows: SECTION 17-38 ABATEMENT OF PUBLIC NUISANCES (A) Inspection of Premises It shall be the duty of each department/division head or designee to enforce those provisions of this chapter that come within the jurisdiction of their respective offices and make or cause to be made periodic inspections and inspections upon complaint that a public nuisance exists and shall make a written report of findings to the department / division head then to the City Manager or designee. (B) Summary Abatement (1 ) Notice to Owner If the inspecting officer shall determine that a public nuisance exists on private property and that there is immediate danger to the public health, safety, peace, morals or decency, the City Manager or designee may direct the appropriate personnel to serve notice on the owner or, if the owner cannot be found, on the occupant or person causing, permitting or maintaining such nuisance and to post a copy of said notice on the premises. Such notice shall direct the owner, occupant or person causing, permitting or maintaining such nuisance to abate or remove such nuisance immediately and shall state that unless such nuisance is so abated, the City wi II cause the same to be abated and wi II charge the cost thereof to the owner, occupant or person causing, permitting or maintaining the same. Bold & Itlics indicates amendment made at Council Meeting by Bain & Mayor Towe OCTOBER 9, 2007 SEPTEMBER 25, 2007 SEPTEMBER 11, 2007 07 -257 07 -27 4 07 -294A LAID OVER ORDINANCE (2) Abatement by City If the nuisance is not abated within the time provided or if the owner, occupant or person causing the nuisance cannot be found, the City Manager or designee, shall direct the abatement or removal of such public nUisance. (C) Nonsummary Abatement (1) Nonsummary Abatement by Court Action If the inspecting officer shall determine that a public nuisance, as defined by 17 -36(A), exists on private premises but that the nature of such nuisance is not such as to threaten great and immediate danger to the public health, safety, peace, morals or decency, he/she shall file a written report of findings with the City Manager or designee, who may cause or direct an action to abate such nuisance to be commenced per state statute chapter 823. or per state statute 66.0413. (2) Nonsummary Abatement by City (a) Issuance of Order If the inspecting officer shall determine that a public nuisance, as defined by 17-33, 17-35 or 17-36(B), 17-36(C) or 17-36(D) exists on private premises, but that the nature of such nuisance is not such as to threaten imminent danger to the public health, safety, peace, morals or decency, he shall issue an order reciting the existence of a public nuisance and requiring the owner and/or occupant of the premises to remove or abate the condition described in the order within the time period specified therein. The order shall be served personally on the owner of the property, as well as the occupant if different from the owner and applicable to the described nuisance, or, at the option of the inspecting officer, the notice may be mailed to the last known address of the person, to be served by registered mail with return receipt. If the owner or the occupant cannot be served, the order may be served by posting it on the main entrance of the premises and by publishing as a Class 3 notice under W.S.A. Chapter 985. The time limit specified in the order runs from the date of service or publication. (b) Abatement by the City If the nuisance is not abated within the time provided, the inspecting officer shall enter upon the premises and cause the nuisance to be removed or abated. OCTOBER 9, 2007 SEPTEMBER 25, 2007 SEPTEMBER 11, 2007 07 -257 07 -27 4 07 -294A LAID OVER ORDINANCE (c) Remedy from Order Any person affected by such order shall, within thirty (30) days of service or publication of the order, apply to the Circuit Court for an order restraining the City from entering on the premises and abating or removing the nuisance, or be forever barred. The court shall determine the reasonableness of the order for abatement of the nuisance. SECTION a 4. This ordinance shall be in full force and effect from and after its passage and publication.