(a)
Prohibited acts and conditions.
(1)
Storing or keeping garbage, trash and rubbish.
The storing or keeping of any and all stacks, heaps or piles
of old lumber, refuse, junk, old cars or machinery or parts thereof,
garbage, trash, rubbish, scrap material, ruins, demolished or partially
demolished structures or buildings, or piles of stones, bricks or
broken rocks on any premises bordering any public street in the city
so as to produce an unsightly and ugly appearance or which may harbor
reptiles or rodents, create a fire hazard or result in unsanitary
conditions is hereby declared to be a public nuisance and unlawful.
(2)
Dumping.
The dumping, unauthorized placing or depositing of any trash,
rubbish, garbage, tin cans, refuse, grass, weeds, scrap materials,
offal, dead animals or junk in or upon any street, alley, sidewalk,
branch, creek, ditch or gutter or along or upon the sides thereof
in the city is hereby declared to be a public nuisance and unlawful.
(b)
Notice of violation; abatement by city.
(1)
Notice of violation.
If the owner of property fails or refuses to comply with subsection (a) of this section, the city shall give written notice to the property owner. The notice shall be delivered to the owner or mailed to the owner's post office address. If delivery in person is not possible or if the owner's post office address is unknown, notice shall be given by publication in the local newspaper at least twice within ten (10) consecutive days.
(2)
City may correct violation.
If, at the expiration of ten (10) days after delivery, mailing
or publication of the notice, the owner fails to correct the violation,
the city may enter upon the property and do the work, or pay for the
work to be done, as necessary to correct the violation.
(3)
Owner assessed costs.
A statement of the costs incurred by the city in correcting a violation shall be mailed to the property owner. The costs shall include an administrative fee in the amount set forth in the fee schedule in appendix A of this code. The statement shall be due within thirty (30) days of the date of mailing.
(4)
Lien to secure costs.
If the statement is not timely paid, the city may file a statement
with the county clerk of the costs incurred, including administrative
costs. Upon filing the statement, the city shall have a privileged
lien on the land upon which the costs were incurred, second only to
tax liens and liens for street improvements. The amount of the lien
shall include ten (10) percent on the delinquent amount from the date
payment was made by the city. The statement of expenses or a certified
copy of the statement is prima facie proof of the expenses incurred
by the city. To collect the costs, suit may be instituted and recovery
and foreclosure had in the name of the city.
(5)
Appeal of costs imposed.
Within fifteen (15) days of the date the statement of costs
is mailed to the owner of the premises, the owner may appeal the reasonableness
of the charges billed for abating the condition to the city council
by filing a written statement with the city mayor or his designee,
stating why the charges are unreasonable. The appeal shall be submitted
to the city council for its review within a reasonable time after
filing. If the council finds the charges unreasonable, it shall assess
the costs as it deems reasonable. The administrative charge shall
not be appealable.
(Ordinance 1998-05-0014, secs. 4-3,
4-3.1, adopted 3/9/98; Ordinance
adopting Code)
Heavy accumulations such as brick, broken concrete, rocks, stones,
ashes, lumber, clinkers, cinders, dirt, plaster, sand, gravel, automobile
frames, dead trees and other bulky, heavy material shall be disposed
of as required by the city at the expense of the owner or person controlling
same or upon payment of the actual cost of such removal plus ten (10)
percent of such cost to the city.
(Ordinance 1998-05-0014, sec. 4-4,
adopted 3/9/98)
(a)
It
shall be unlawful for any owner, tenant, or lessee of a premises to
allow grass, weeds, or other vegetation over twelve (12) inches in
height, trash, rubbish, filth, or debris to be upon the abutting or
adjacent sidewalk, parkway, or alleyway.
(b)
Any
such materials shall be removed by the owner, tenant, or lessee of
the premises and placed in trash receptacles or disposed of in a manner
as required by this code.
(c)
It
is a defense to prosecution hereunder that:
(1)
The premises are unfenced and are maintained in a manner consistent
with the provisions of this section at all points on the premises
within one hundred (100) feet from the edge of any open street.
(2)
The premises are fenced and are maintained in a manner consistent
with the provisions of this section at all points from the street
to the fence or one hundred (100) feet from the edge of any open street,
whichever is the less distance.
(3)
The vegetation which is over twelve (12) inches in height is wildflowers,
but only until such time as seeds have matured following the final
blooming of the majority of the plants.
(d)
Failure
to comply with the requirements of this section shall be and hereby
is declared to constitute a nuisance subject to citation or abatement
as provided in this article.
(Ordinance 1998-05-0014, sec. 4-5,
adopted 3/9/98)
(a)
A
person commits an offense if he is an owner, occupant, or person in
control of occupied or unoccupied premises containing less than five
(5) acres of land in the city and permits weeds, grass, or other vegetation
located on the premises to grow to a height greater than twelve (12)
inches.
(b)
A
person commits an offense if he is an owner, occupant, or person in
control of occupied or unoccupied premises containing five (5) acres
of land or more and which contains habitable buildings in the city
and permits weeds, grass, or other vegetation located within one hundred
(100) feet of the buildings to grow to a height greater than twelve
(12) inches.
(c)
It
shall be a defense to prosecution under this section that the vegetation
is any of the following:
(d)
It
shall be the duty of any person having supervision or control of any
lot, tract, or parcel of land, or any portion thereof, to cut or cause
to be cut and removed as necessary to comply with this section, all
such grass, weeds, or vegetation on the property as often as may be
necessary to comply with the provisions of this section.
(e)
The
provisions of this section shall be applicable to all railroad rights-of-way
within the city.
(Ordinance 1998-05-0014, sec. 4-12,
adopted 3/9/98; Ordinance 2007-12-127,
sec. 1, adopted 9/18/07)
