[Code 1999 §215.025; Ord. No. 367 §§1 — 3, 8-11-1983; Ord. No. 718 §§ 1 —
2, 12-10-2015; Ord. No.
748, 5-24-2018]
A. The
keeping, maintaining or permitting an apiary or hive of any common
honeybee, apis mallifera, or other bees kept for the production of
honey or wax is hereby declared to be a common nuisance within the
limits of the City.
B. It
shall be unlawful for any person or combination of persons to keep,
maintain, or permit one (1) or more hives of any common honeybee,
apis mallifera, or other bees for the production of honey or wax or
to maintain an apiary.
[Ord. No. 658 §1, 4-14-2011; Ord.
No. 701, 7-25-2013]
A. Any lot or land shall be a public nuisance if it has the presence
of debris of any kind, including, but not limited to, weed cuttings,
cut and fallen trees and shrubs, rubbish and trash, lumber not piled
or stacked twelve (12) inches off the ground, rocks or bricks, tin,
steel, parts of derelict cars or trucks, broken furniture, any flammable
material which may endanger public safety or any material which is
unhealthy or unsafe and declared to be a public nuisance.
B. When a public nuisance as described above exists, the Building Inspector,
Code Enforcement Official, or other designated and authorized agent
for the City, shall so declare such a nuisance, and shall give a hearing
after five (5) days' notice thereof, either personally or by
United States mail, to the owner or owners or the owner's agents
or by posting such notice on the premises. Such notice shall, at a
minimum:
1.
Declare that a public nuisance exists;
2.
Describe the condition which constitutes such nuisance;
3.
Order the removal or abatement of such condition within five
(5) days from the date of service of such notice;
4.
State that if the owner fails to begin removing the nuisance
within the time allowed, or upon failure to pursue the removal of
such nuisance without unnecessary delay, the Building Inspector or
other Code Enforcement Official, or other authorized agent for the
City shall cause the condition which constitutes the nuisance to be
removed or abated and that the cost of such removal or abatement may
be included in a special tax bill or added to the annual real estate
tax bill for the property and collected in the same manner and procedure
for collecting real estate taxes.
C. If the owner of such property fails to begin removing the nuisance
within the time allowed, or upon failure to pursue the removal of
such nuisance without unnecessary delay, the Building Inspector or
other Code Enforcement Official, or other authorized agent for the
City shall cause the condition which constitutes the nuisance to be
removed. If the Building Inspector or other Code Enforcement Official,
or other authorized agent for the City causes such condition to be
removed or abated, the cost of such removal shall be certified to
the City Clerk who shall cause the certified cost to be included in
a special tax bill or added to the annual real estate tax bill, at
the collecting official's option, for the property and the certified
cost shall be collected by the City Collector or other official collecting
taxes in the same manner and procedure for collecting real estate
taxes. If the certified cost is not paid, the tax bill shall be considered
delinquent, and the collection of the delinquent bill shall be governed
by the laws governing delinquent and back taxes. The tax bill from
the date of its issuance shall be deemed a personal debt against the
owner and shall also be a lien on the property until paid.
D. Code Enforcement Official. The Mayor may designate
an agent or employee of the City to act as the Code Enforcement Official
for the City. Such designation shall continue until terminated by
the Mayor. If the Mayor has not designated an agent or employee of
the City as the Code Enforcement Official, then the City Police Chief
shall be authorized to initiate, enforce, and inspect as may be required
for enforcement of this Section.
E. Ordinance Violation, Fine and Costs. Additionally,
after the City has provided notice of the nuisance, if the owner(s)
and/or occupiers of the lot or tract fail to abate the nuisance within
the proscribed time, such nuisance shall also constitute a violation
of this Section, and a citation for such ordinance can be issued for
the ordinance violation, carrying a maximum fine of up to five hundred
dollars ($500.00) for each violation, and court costs. A violation
occurs each time an owner/occupier fails to abate the nuisance.
[Ord. No. 701, 7-25-2013]
A. Failure To Keep Weeds, High Grass And Other Vegetation Cut
And Removed A Nuisance. All persons owning or occupying any lot or tract of land in the City shall keep the weeds, high grass and other vegetation growing on such property cut and removed. Whenever such weeds, high grass or other vegetation shall attain the height of six (6) inches, it shall be deemed a public nuisance. The Building Inspector, Code Enforcement Official [as set forth above in Subsection
(D)], or other designated City Official is also authorized to initiate, enforce, and/or inspect as may be required for enforcement of this Section.
B. Unlawful To Maintain Such Nuisance. It shall be unlawful for any person to create or maintain a nuisance as defined in Subsection
(A).
C. Liability. Whenever weeds, high grass or other vegetation in violation of Subsection
(A) of this Section are allowed to grow on any part of any lot or ground within the City, the owner of the ground or, in case of joint tenancy, tenancy by entireties or tenancy in common, each owner thereof shall be liable.
D. Notice. The Code Enforcement Official shall give
a hearing after five (5) days' notice thereof, either personally
or by United States mail, to the owner or owners or the owner's
agents or by posting such notice on the premises; thereupon, the Code
Enforcement Officer or other designated City Official may declare
the weeds, high grass or other vegetation to be a nuisance and order
the same to be abated within five (5) days. The Code Enforcement Official
or other City Official shall only be required to give notice of a
hearing one (1) time during each calendar year for each property.
Any property previously declared to be a nuisance due to weeds, high
grass or other vegetation during the same calendar year that notice
and right to hearing was provided to the owners or the owner's
agent shall, without notice and hearing, be declared a nuisance under
this Section and such nuisance shall be immediately abated by the
City and the costs for such nuisance abatement shall be assessed against
the property as set forth herein.
E. Disposition. In case the weeds, high grass or other
vegetation are not cut down and removed within the five (5) days,
the Code Enforcement Official or other designated City Official shall
have the weeds, high grass or other vegetation cut down and removed
and shall certify the costs of same to the City Clerk.
F. Tax Bill. The City Clerk shall cause a special tax
bill therefor against the property to be prepared and to be collected
by the Collector with other taxes assessed against the property; and
the tax bill from the date of its issuance shall be a first lien on
the property until paid and shall be prima facie evidence of the recitals
therein and of its validity, and no mere clerical error or informality
in the same, or in the proceedings leading up to the issuance, shall
be a defense thereto. Each special tax bill shall be issued by the
City Clerk and delivered to the Collector on or before the first day
of June of each year. Such tax bills if not paid when due shall bear
interest at the rate of eight percent (8%) per annum. At the collecting
official's option, the certified cost shall be collected by the
City Collector or other official collecting taxes in the same manner
and procedure for collecting real estate taxes.
G. Ordinance Violation, Fine And Costs. Additionally, after the City has provided notice of the nuisance, if the owner(s) and/or occupiers of the lot or tract fail to abate the nuisance within the proscribed time, such nuisance shall also constitute a violation of this Section, and a citation for such ordinance can be issued for the ordinance violation, carrying a maximum fine of up to five hundred dollars ($500.00) for each violation, and court costs. A violation of this Section is committed each time such weeds, high grass or other vegetation shall attain the height of six (6) inches, each year, after the City has sent/provided notice as set forth under Subsection
(D) above.
H. Exception For Temporary Agricultural Usage. In the
case of a tract of land in the City, which is at least five (5) acres,
a permit may be obtained from the City to allow for the growing of
grass beyond the height of six (6) inches for the purpose of producing
hay on that specified tract of land for a period of not more than
ninety (90) days. Such permit may be received multiple times in a
calendar year, but may not be issued for consecutive ninety-day periods.