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A. It is unlawful for any occupant or owner of any building, lot or premises in the City to allow accumulations of garbage in a manner or quantity as to constitute a fire or a health hazard. Any accumulation of refuse which constitutes a fire hazard or a menace to public health, safety or welfare is deemed a nuisance. It is the duty of the occupant, owner and person(s) who placed the accumulation at such location to abate the nuisance by removing the accumulation and cleaning the area up.

B. The City shall enforce the provisions hereof. If any occupant, owner or responsible person fails to abate such nuisance, upon a report or request for action filed by the City Manager or designee, the City Council may pass a resolution requiring such occupant, owner or responsible person to abate the nuisance by removal thereof, at such person’s cost and expense within the time specified in the resolution. If the nuisance is not abated within such time, the City Manager or designee may direct abatement of the same as set forth herein below.

C. The resolution of the City Council referred to above shall not be passed until the property owner is given at least five days’ notice of the pendency of the proposed resolution; such notice being given by the City Manager or designee, by mailing a copy of the notice to the owner, occupant or responsible party at the last known address shown on the records of the City or the county treasurer; and if no address is known, a copy of the notice shall be posted on the property, and shall also be published in one issue of the official newspaper of the City. Any mailing, posting or publication shall be made at least five days prior to the consideration by the City Council of the proposed resolution. The notice shall include a description of the resolution, a description of the property involved and the nature of the circumstances constituting the nuisance.

D. If the nuisance is not abated by the occupant, owner or responsible person within the time fixed by the resolution, the City Manager or designee may abate the nuisance, and shall prepare or cause to be prepared a bill covering the costs to the City of such abatement, and the bill shall be mailed or presented to the occupant, owner or responsible person. The bill shall be payable immediately. If the bill is not paid or if no bill can be mailed because no address is known for the occupant, owner or responsible person, the City Manager or designee may, on behalf of the City of Lakewood, file a lien therefor against the property, which lien shall be in the same form filed with the same officer and within the same time and manner and shall be subject to enforcement and foreclosure as provided by law for liens for labor and materials or as otherwise provided by law for liens able to be filed by the City. [Ord. 634 § 1, 2016; Ord. 371 § 6, 2005; Ord. 51 § 1, 1996.]