§ 1802. Proceedings to abate.

Any nuisance existing within the unincorporated areas of the county may be abated in the following manner:

(a)

Initiation. Proceedings to abate a nuisance, whether public or private, shall be initiated by the filing of a complaint with the director of public development, which complaint shall state the nature and location of the nuisance and the name and address of the complainant. In the case of a private nuisance, the complaint shall be filed by the person injured by the nuisance. In the case of a public nuisance, the complaint shall be filed on behalf of the public by a county official or a citizen specifically injured by the nuisance.

(b)

Notice of hearing. Upon the filing of a complaint as provided in this division, the director of public development or designee shall issue a notice directed to the owner of the premises upon which the nuisance complained of is located and, if the person maintaining the nuisance shall be a different person from the owner, then also to the person maintaining the nuisance, and calling on such person to show cause, either personally or by attorney, at the time and place directed by the director of public development or designee, why such activity alleged to be a nuisance should not be ordered abated and removed by the judge of the magistrate court. Such notice shall be served at least ten days and not more than 30 days prior to the date set for the hearing by the director of public development or designee, and shall be made either personally or by leaving a copy at the party's most well-known place of abode. A copy of such notice shall also be mailed to the complainant. Nonresidents of the state shall be served by posting a copy of such complaint or order in a conspicuous place on the premises affected by the complaint or order. Where the address of such nonresident is known, a copy of such complaint or order shall be mailed to such person by registered or certified mail.

(c)

Order of abatement. If, after hearing all the evidence, the judge of the magistrate court should decide that the activity complained of is a nuisance, the judge shall issue an order. The order shall specify within what time the nuisance is to be abated by the defendant. If the nuisance is not abated within the specified time, the judge shall issue a writ directed to the sheriff or any member of the county's law or code enforcement personnel, commanding that the nuisance be abated. A copy of such order of abatement shall be served on the party maintaining the nuisance. If the county removes the nuisance, the expenses incurred in the removal shall be paid by the owner.

(d)

Effect of noncompliance. If there is a refusal to comply with the order of abatement issued by the judge of the magistrate court, the person maintaining the nuisance shall be subject to arrest for violation of state law.

(e)

Penalty. Any person who shall erect or continue, after notice to abate, a nuisance which tends to annoy the community, injure the health of the citizens in general or corrupt the public morals, shall, upon conviction, be punished as provided in section 1-12 of the Jackson County Code of Ordinances.

(Ord. No. 17-003 , § 1, 10-2-2017)