8.08.080 Enforcement—Notice and order—Service.
The enforcement officer having knowledge of any public nuisance shall cause any property owner or other responsible person(s) to be notified in writing of the existence of a public nuisance on the premises and shall order the owner(s) or other responsible person(s) to abate the condition within a reasonable period of time. The notice shall be served either personally or by first class and certified mail with return receipt requested.
The city’s enforcement rights are nonexclusive, and include the enforcement methods provided in this chapter and in this title, as well as any other methods for abatement of nuisances, and any other enforcement methods available under the law or in equity, including the following:
A. Civil Enforcement. Any owner who violates any provision of this chapter shall be subject to enforcement procedures for each violation in accordance with Chapter 1.12.
B. Impoundment, Retrieval and Notification for Abandoned Shopping Carts.
1. As an alternative to civil enforcement or other methods of enforcement, the director may impound any abandoned shopping carts left on any public property owned by or under the control of the city, or left on any public right-of-way within the city. The director may hold impounded shopping carts at the city’s maintenance and operations yard until retrieved by the owner or disposed of by the city as herein provided.
2. Whenever the director has impounded any abandoned shopping carts bearing the identification of ownership as required by Section 8.08.040(A), or such other ownership information or identification that is sufficient, the city shall contact the owner to pick up the cart. Should the owner fail to pick up the cart within ten (10) days, the city shall prepare and mail to the owner an invoice/notice of impoundment by certified mail, return receipt requested, at the address shown on the shopping cart’s identification label, or such address as is determined by the director to be appropriate to give reasonable notice to the owner where the identification requirements of Section 8.08.040(A) are not met. Such invoice/notice shall advise that the impounded shopping cart(s) may be redeemed at the city’s maintenance and operations yard during the normal workday (between 8:00 a.m. and 3:00 p.m., Monday through Friday, except holidays) upon payment of the administrative impoundment fee of fifty dollars ($50.00) per shopping cart, per day. The invoice/notice shall also advise the owner that if the impounded abandoned shopping carts are not retrieved within fourteen (14) days of the date of the invoice/notice, the abandoned shopping carts shall be subject to disposal by the city, and in addition to the fifty dollars ($50.00) administrative impoundment fee the owner shall also be obligated to pay an additional two hundred dollars ($200.00) disposal fee, per shopping cart.
3. If an abandoned shopping cart is impounded that does not have the ownership identification information permanently affixed to it as required by Section 8.08.040(A), or does not have other ownership information or identification that is sufficient, in the city’s determination, to allow the city to mail to the owner an invoice/notice of impoundment by certified mail, return receipt requested, the director shall be authorized to dispose of it immediately, without any notice requirements.