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7/17/2007 12:45:04 PM
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<br />1UN-30-1999 15:13 <br /> <br />PED 14TH FLOOR <br /> <br />6512283220 P.03/07 <br /> <br />Chapter 231. Public Nuisances <br /> <br />Sec. 231.01.,P-ublic nuisance.. <br /> <br />Whoever by his or her act or failure to perform a legal duty intentionally does any of the following <br />maintains a public nuisance and is guilty of a misdemeanor: <br /> <br />(1) Maintains or permits a condition which unreasonably annoys, iEjures or e~danger~ the safety, <br />health, morals, comfort or repose,_~f any.;>considerable n~~:!:f ~embers ~f the pu~hc; o~ <br /> <br />(2) Interferes with, obstructs or renders dangerous for passage any public highway or right-of-way or <br />waters used by the public; or <br /> <br />(3) Is guilty of any other act or omission declared by law to be a public nuisance and for which no <br />sentence is specifically provided. <br /> <br />(Code 1956, 9 466.01; C.F. No. 92-1495, ~ 1, 1-28-93) <br /> <br />Sec. 231.02. Permitting public nuisance. <br /> <br />(a) Prohibited Any person(s) having control of real property who knowingly pennit(s) it to be <br />used to maintain a public nuisance or lets the same knowing it will be so used is guilty of a <br />misdemeanor. <br /> <br />(b) Definitions. For the purposes of this section, the following definitions shall apply: <br /> <br />(1) Person(s) having control of property. IIPerson(s) having control of property" shall mean the <br />owner or owners of the freehold of the premises or lesser estate therein, the holder of an unrecorded <br />contract for deed, a mortgagee or vendee in possession, the assignee of rents, or the receiver, <br />executor, trustee, lessee, other person, firm, corporation, association or partnership in control of a <br />building. <br /> <br />:::::-A2:l Public nuisance. For the purposes of this section "public nuisance" shall have the meaning <br />ascribed to it by state Jaw and shall include, but not be limited to, noise complaints, litter or sanitation <br />complaints, increased vehicular or foot traffic, parking problems associated with the property, sale or <br />possession of controlled substances, illegal gambling, prostitution or acts of prostitution, or m1Y other <br />acts or incidents showing that the peace, comfort or decency of the neighborhood or any considerable <br />number of ~~mb~rs of the public has been repeatedly distur~.ed. L. <br /> <br />(c) Notice o/citation. For the purposes of this section, person(s) having control of property upon <br />which a person has been issued a citation for any offense described as a public nuisance under this <br />cha.pter may receive written notice that a potential public nuisance may exist on their property. The <br />purpose of this notice is to allow the person(s) having control of the identified property to take action <br />to abate any continuing or future potential public nuisances. <br /> <br />(d) Notice of conviction. For the purposes of this section, pcrsons(s) having control of property <br />upon which a person has been convicted of any offense described as a public nuisance under th.is <br />chapter shall be sent written notice that a potential public nuisance may exist on their property. The <br />purpose of this notice is to allow the person(s) baving control of the identified property to take action <br />to abate any continuing or future potential public nuisances. <br /> <br />(e) Sufficiency of notice. Any notice sent pursuant to this section to the person(s) having control of <br />the property shall be presumed to be duly served and sufficient if personally served, or if mailed by <br /> <br />Lttp:/IWWWostpaulogOVICOdellc231 ohttnl <br /> <br />1 <br /> <br />6/30/99 <br />
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