6.06.125 Summary and Accelerated Abatement of Accumulated Rubbish or Garbage.
(A) Notwithstanding any other provisions in this chapter, it is unlawful to allow the exterior property and premises, or the interior of a structure, to accumulate rubbish or garbage which poses an imminent threat or substantial risk of being spread, scattered or blown onto neighboring properties or the adjacent right-of-way, or which creates a substantial interference with the use and enjoyment of neighboring properties or public property or right-of-way.
(B) Summary Abatement. Notwithstanding any other provisions in this chapter, whenever the public officer determines that the accumulation of rubbish or garbage poses an imminent threat or substantial risk of being spread, scattered or blown onto neighboring properties or the adjacent right- of-way thereby creating a substantial interference with the use and enjoyment of said properties, the City may to take immediate action to abate the violation without notice.
(C) Accelerated Abatement. Notwithstanding any other provisions in this chapter, whenever the public officer determines that the accumulation of rubbish or garbage that, by virtue of their nature, amount or composition, create a substantial interference with the use and enjoyment of neighboring properties or public property or right-of-way, the City may take steps to abate the violation in accordance with the following steps:
(1) The public officer shall post the premises where the materials are located with a notice warning that accelerated abatement will occur unless the violation is corrected as required. If the tax records indicate that the owner resides at the location and the violation is not removed within twenty-four (24) hours of posting, the public officer may authorize immediate abatement.
(2) If the tax records indicate that the owner resides at a different location in Johnson County, the public officer shall post that location with the same notice. If the violation is not removed within 48 hours, the public officer may authorize immediate abatement.
(3) If the tax records indicate that the owner resides outside of Johnson County, the public officer shall send the same notice to the owner’s address by overnight delivery. If the violation is not removed within forty-eight (48) hours of the time of posting, the public officer may authorize immediate abatement, provided the public officer reasonably believes that at least twenty-four (24) hours has occurred from the anticipated delivery time of the mailed notice.
(D) If summary or accelerated abatement is required, the owner shall be responsible for payment of the cost of the abatement and a notice of cost shall be sent as provided in Section 6.06.130. (Ord. 23-29 § 2, 2023.)