Chapter VIII · Health and Welfare

ARTICLE 1. GENERAL PROVISIONS

Sections 8-101 to 8-103 · 3 sections

8-101 Designation of public officer.

The Mayor, with the consent and approval of the Governing Body, shall designate a person and successors to service as the “Public Officer” to carry out the duties and functions of the Public Officer as set forth in this article. The Public Officer is hereby authorized to exercise such powers, duties, and functions, as may be necessary or convenient, including the following powers, in addition to others herein granted:

(a)To investigate conditions in the community in order to determine the existence of dangerous structures and nuisance conditions of the type prescribed under this article.

(b)To enter upon premises for the purpose of making examinations; provided that such entries shall be made in such a manner to cause the least possible inconvenience to the person in possession, and to obtain an order for this purpose from a court of competent jurisdiction in the event entry is denied or resisted or cannot otherwise be obtained.

(c)To delegate any of his or her functions and powers under this article to such officers, agents or employees of the City of Marion as he or she may designate.

(d)To serve complaints, notices, orders and other process issued by the Public Officer or by the Governing Body.

(Ord. 1252; Code 2014)

8-102 Right of entry; unlawful interference.

(a)The designated Public Officer shall have the right as necessary in the performance of his/her duties and responsibilities under this article to enter upon premises for the purpose of making examinations and enforcing any orders issued; provided that such entries shall be made in such a manner to cause the least possible inconvenience to the person or persons in possession, and to obtain an order for this purpose from a court of competent jurisdiction in the event entry is denied or resisted or cannot otherwise be obtained.

(b)It shall be a violation of this article to deny the right of entry conferred herein.

(c)It shall be a violation of this article to deny any public officer, employee, agent or contractor charged with the duty of abating any nuisance condition under this article, the right of access and entry upon private property at any reasonable time for the purpose of conducting such abatement, or to otherwise interfere with such abatement actions.

(Ord. 1252; Code 2014)

8-103 Service and recording of notices and orders.

All notices and orders which are to be served under the provisions of this article shall, in the absence of some other specified means of giving such notice or service applicable thereto, be served in the following manner. Service may be made by personal service upon the person designated in such notice or order, or may be conveyed to such person by certified mail. If the location of such person is unknown and cannot be ascertained in the exercise of reasonable diligence, and the Officer makes an affidavit to that effect, service may be made by publication once in the official newspaper of the City; and, further, a copy of such notice or order shall be posted in a conspicuous place on the premises affected by the notice or order. Any notice, which has the effect of commencing proceedings, which may serve to create a lien upon the affected property under the provision of this article, and any notice, which has the effect of imposing a lien upon the affected property under the provisions of this article, shall also be filed with the Clerk of the Marion County District Court.

(Ord. 1252; Code 2014)