Marshall council approves ordinance authorizing notice by posting on property for nuisance code enforcement

The Marshall City Council voted to amend the city code to authorize notice by posting on the property as a recognized form of service in nuisance enforcement.

City Administrator Kirtland and City Attorney Elizabeth explained the change as a clarification of existing options for giving notice—alongside personal service and registered mail—so that posting on the property becomes a typical and usual way to reach an owner. Kirtland said the posting “will...signal to the neighbors that the property has been cited.”

Elizabeth told the council the posting is intended strictly for nuisances that violate city ordinances and that police will attempt an informal conversation and offer resources when appropriate before posting a property.

Both officials stressed that the posting requirement does not supersede state law: Elizabeth noted a state statute requires the city to hold a hearing before mowing tall grass or weeds on private property, and the posting “does not supersede that requirement.”

Councilors moved and approved the ordinance on roll call; the vote was recorded as yes from Patrick, Gibson, Thompson, Allen, Swisher, Brent, Simmons and Green. The ordinance now takes effect per the city’s usual adoption procedures.

City staff said the posting will typically be used after informal attempts to help the property owner and where other service methods have been tried or may fail.