Junk & Trash Ordinance
Junk and Trash. Any & All Garbage & Rubbish.
Section PM302.8.1 Violations Declared Nuisance.
The storing of junk and trash on private property within the city, where such storage is not authorized under the terms of the zoning ordinance, and in any manner not permitted by the zoning ordinance, is declared a nuisance.
Section PM302.8.2 Violation Declared Criminal Upon Failure to Abate.
Any property owner or any occupant of property who allows such storage on the property owned or occupied by him shall be guilty of a misdemeanor; and any person who shall neglect to abate and remove such nuisance after notice thereof shall, for each 24 hours thereafter during which the nuisance continues, be guilty of a misdemeanor.
Section PM302.8.3 Notice to Abate.
A. Lots with occupied structures
Any inspector of the city upon observing any violation of this section shall issue a notice directed to the owner on record of the property on which the nuisance occurs at their last known address, or to the occupants of the property, or to both. The notice shall describe the violation and shall establish a reasonable time limit for the abatement thereof by such owner or occupant, which time shall be not less than 2 days after the service of such notice. In cases of inoperable vehicles, the owner of the vehicle shall also be issued a notice; and all notices in such cases shall provide 5 days for removal of the inoperable vehicle or notice shall be posted in a conspicuous place on the inoperable vehicle.
B. Lots with unoccupied structures and vacant lots.
The city shall cause to be published in as a display advertisement in a newspaper or general circulation within the city limits once a week for two consecutive weeks during the month of January each year a notice informing all such property owners that the storage of junk and trash on any such lot is contrary to the ordinances of the city. The notice shall further inform the public that should the junk and trash be stored in violation of this code, the city may remove same without further notice and the property owner shall be liable to the city for its costs.
Section PM304.8.4 Complaints by Citizens; Inspection; Issuance of Notice.
Any citizen of the city who observes a violation of this section may file his complaint with the division of property standards. Such complaints shall be investigated and, if nuisance exists, notice as provided herein shall be issued.
Section PM302.8.5 Service, Return of Notice.
The inspector issuing the notice shall serve or deliver a copy to the above-described parties personally, or shall mail a copy to the above-described parties at the last-known mailing address of the owner/occupant or if not known, the address of the property where the nuisance exists, by certified mail, return receipt requested for motor vehicles, and by proof of mail for all other maters. The envelope and return receipt, if applicable, shall bear the return address of the inspector issuing the notice. Service may also be made by posting a sign regarding the violation in a conspicuous place near the main entrance of the premises in violation, and for inoperable vehicles service may be posted on the vehicle at a prominent location. For junk and trash, the posted sign shall be at least 11 inches in height and 8 inches in width and the top thereof in large letters shall state the words, "Ordinance Violation." The text of the notice shall contain a reference to the provision of this code violated and may contain such other information respecting the nature of the violation as the division of property standards deems advisable. It shall be unlawful for anyone to deface, tamper with, or remove the "Ordinance Violation" sign from the property where it is posted unless authorized by the division of property standards.
Section PM308.8.6 Investigation to Determine Compliance With Notice.
Immediately upon the termination of the time allowed in any notice for the abatement of a nuisance under this article, the person who served such notice, or any inspector who shall be assigned, shall investigate to determine whether or not the nuisance has been abated.
Section PM302.8.7 Failure to Comply With Notice.
In the event the owner or occupant of the property where such nuisance exists, or vehicle owner, if applicable, has failed within the prescribed time to abate such nuisance, then the inspector may summarily abate such nuisance as provided in Section 302.8.8, may file a request with the city's law department to initiate a complaint with the appropriate circuit court, or initiate an action before the City's Administrative Hearing Officer, charging violation of this article and demanding that the owner of the property or the occupant thereof, or both, and, in cases of inoperable vehicles, the owner of the vehicle, be punished as therein provided. In cases of inoperable vehicles and parts thereof, the police department shall have authority to remove, after 5 days from the issuance of the notice as provided in Section 302.8.3, any inoperable motor vehicles or parts thereof.
Section PM302.8.8 Abatement.
At the termination of notice provided by Section 302.8.7, the inspector may abate the nuisance as provided by Section 21-18 of the Aurora Code of Ordinances. The expenses of removal shall be collected from the person or persons. If the expense is not paid, the legal counsel of the jurisdiction shall initiate the appropriate action against the person or persons for cost recovery.
Section PM302.8.9 Summary Abatement.
Summary abatement of the rubbish nuisance without notice shall be permitted as provided by Section 21-19 of the Aurora Code of Ordinances. The expense of removal shall be collected from the person or persons. If the expense is not paid, the legal counsel of the jurisdiction shall initiate appropriate action against the person or persons for cost recovery.
Section PM302.8.10 Penalties.
Each time the city is required to abate or summarily abate the nuisance as provided herein, the city shall have a lien for the costs of abatement, including recording fees and offender provisions herein, for an administrative fee in the amount established including, but not limited to, inspection, correspondence, preparation of lien, title searches and other expenses which may have been incurred by the city regarding such abatement. Offender provisions shall increase in amount each time the city is required to abate within the calendar year as follows:
- First time offense: $50
- Second time offense within the same calendar year: one hundred fifty dollars ($150)
- Third time offense within the same calendar year: two hundred fifty dollars ($250)
- Fourth time offense within the same calendar year: five hundred dollars ($500)