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Section 15.5-26. Creating, maintaining nuisance on property; penalty. <br /> <br />(1) <br /> <br />No owner, occupant or person in possession, charge or control within the <br />city limits, shall cause, maintain or permit a nuisance, as defined by the <br />laws of the state or this code, on public property or on any premises owned <br />or controlled by such person. <br /> <br />(2) <br /> <br />Any person who has violated any section of this Article shall be required to <br />pay a minimum civil penalty of $50.00 for the first offense, or for <br />subsequent offenses involving the same set of operative facts. The civil <br />penalty for subsequent violations not arising from the same set of operative <br />facts within 12 months of the first violation shall be $200.00. In no event <br />shall a series of specified violations arising form the same set of operative <br />facts result in civil penalties that exceed a total of $3,000.00 in a 12 month <br />period. Civil penalties may be assessed by the Building Official or the City <br />Attorney. <br /> <br />(3) <br /> <br />It shall be a Class 3 misdemeanor for any person to have had civil penalties <br />imposed upon him or her pursuant to this Article, three or more times, on <br />differing sets of operative facts, within a 24 month period. <br /> <br />(4) <br /> <br />If a person is charged and found guilty of mom than one offense on the <br />same day, then all such offenses on that day shall be counted as separate <br />violations. Each business day during which the same violation is found to <br />have existed shall constitute a separate offense. <br /> <br />Section 15.5-27. Procedure to abate. <br /> <br />Whenever the Building Official finds that a nuisance exists as provided in this <br />article, the procedure for abatement shall be as follows: <br /> <br />(1) <br /> <br />Notices. The Building Official or his or her designee shall notify the person <br />causing, maintaining or permitting the nuisance that he/she must abate or <br />remove such nuisance within ten calendar days. Such notice shall be <br />required in order to abate the nuisance pursuant to the provisions of <br />Subsection (6) of this section, but shall not be a prerequisite for a.violation <br />of this article. Initial notification shall be made by delivering the notice or <br />by depositing it in the United States mail, postage prepaid, addressed to the <br />owner of the property and/or the person occupying the property. If <br />notification is not made by delivery or by mail, then it shall be by one or <br />more of the following methods: <br /> <br />a. If such property is not occupied, the Building Official or his or her <br /> designee shall, whether or not the owner is known, provide notification <br /> <br /> <br />