HomeMy WebLinkAboutO-758ORDINANCE NO. %V
AN ORDINANCE TO AMEND CITY OF FAIRHOPE CODE OF
ORDINANCES, SECTION 12-10 ACCUMULATIONS OF
REFUSE, ETC.; GROWTH OF WEEDS --GENERALLY,
BY ADDITION OF THE FOLLOWING.
BE IT ORDAINED BY THE MAYOR AND COUNCIL OF THE CITY OF FAIRHOPE,
ALABAMA, that Section 12-10 of the City of Fairhope Code of
Ordinances is hereby amended by addition of the following:
(a) Whenever the zoning enforcement officer of the City of
Fairhope shall discover on any premises, within the City of Fair -
hope or the Police Jurisdiction thereof, any unlawful condition,
described in Section 12-10, City of Fairhope Code of Ordinances,
he shall give written notice to the owner or person having said
premises in charge, by mail or personal service, or if the owner
or person in charge cannot be found, by posting a copy thereof
on the premises for one week, to correct the unlawful condition.
(b) If the unlawful condition has not been corrected within
one week after notice has been mailed, served or posted, the
zoning enforcement officer by himself, with city laborers, with
city prisoners or by private contractors, shall enter upon said
premises and at the expense of the owner or person having said
premises in charge, shall proceed to correct such unlawful con-
dition. The zoning enforcement officer is directed to certify
the total expense of correcting the unlawful condition to the
City Clerk together with a description of said premises and the
name and address of the owner or person having same in charge
thereof, if known. If prisoners are employed in correcting this
unlawful condition, a reasonable charge for their labor shall be
included in the expense certified.
(c) At intervals to be determined by the City Council of the
City of Fairhope, it shall cause to be made a list showing the
names of the owners or persons who had in charge the premises on
which such unlawful condition has been corrected at the expense
of such persons as hereinbefore provided, together with a des-
cription of the property, and a statement of the amount of the
expense (as reported by the zoning enforcement officer)of correct:
the unlawful condition on each such parcel of property.
(If the names of the owners of said property are not known, same
may be stated as unknown), and said City Council shall set a time
and place when such persons may appear and show cause, if any the;
can, why the said expense should not be assessed against them and
their respective premises, and shall cause said notice to be
published one time in some newspaper published in the City of
Fairhope, the said publication to be made at least ten days in
advance of the date fixed for said hearing. At the time and plac4
fixed for said hearing, the City Council of the City of Fairhope
shall proceed to hear and determine any objections that may be
interposed to such assessments, and unless good cause shall be
shown against the right of the said City to assess the same, sha1:
proceed to levy an assessment against the said persons and their
respective premises for the expense of correcting such unlawful
condition, and the assessments so made shall be final, and the
City of Fairhope shall have a charge and claim against such per-
sons and a lien on the property so assessed, for the amount of
the respective assessments, which lien and charge it shall proceec
to enforce and collect as any other debts are collected or liens
enforced.
(d) For the purpose of enforcing this ordinance, the zoning
enforcement officer is authorized and directed to secure such
implements and employ such private contractors, city prisoners
and laborers as may be necessary.
Ord. 7S8 , page 2.
(e) In the event the zoning enforcement officer shall elect
to use a private contractor to correct such unlawful condition,
he shall first receive at least two bids in writing from such
private contractor and they shall award the contract to the
lowest, responsible bidder.
(f) If any section or provision of this ordinance shall be
held invalid, such holding shall not affect the validity of any
other section or provision thereof which is not of itself invalid
ADOPTED THIS q DAY OFJ-gjf2-�, 1985.
City
Clark-