(a) 
A person commits an offense if he or she is an owner, occupant or person in control of occupied or unoccupied premises containing less than two (2) acres of land in the city and permits weeds, grass or other vegetation located on the premises to grow to a height of greater than twelve (12) inches.
(b) 
A person commits an offense if he or she is an owner, occupant or person in control of occupied or unoccupied premises containing two (2) acres of land or more and adjacent to property under different ownership which contains habitable buildings in the city and permits weeds, grass or other vegetation located within one hundred (100) feet of the adjacent property 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:
(1) 
Agriculture crops, except grass or hay (100-foot fire lane/open fields);
(2) 
Cultivated trees;
(3) 
Cultivated shrubs;
(4) 
Flowers or other decorative ornamental plants under cultivation; or
(5) 
Wildflowers, but only until such time as seeds have matured following the final blooming of the majority of the plants.
(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.
(1991 Code, sec. 21-31)
(a) 
It shall be unlawful and shall be declared a public nuisance for the owner, occupant or person in control of any occupied or unoccupied lot or premises in the city to allow or cause to be placed thereon rubbish, brush, debris, unwholesome matter, stagnant water, or any condition that may produce or cause to be produced any disease, or any unsightly, objectionable or unsanitary matter of whatever nature to accumulate or remain on such lot or premises.
(b) 
It is hereby declared a public nuisance for the owner of a roll-off metal container and the owner, occupant or person in control of the property upon which the container is placed, which is being used for the accumulation of construction, remodeling or demolition trash or debris or which accumulates stagnant water creating a condition that may produce or cause disease or creates a habitat for insects or rodents, snakes and the like, to allow the same to remain on the premises at intervals of more than sixty (60) days without the roll-off container being hauled off and emptied of all liquid and solid contents and cleaned. A seven-day notice of a violation of this subsection shall be sent to the owner or occupants. If the violation is not cured within the seven (7) days, a civil fine may be levied by the city. A violation of this subsection shall cause a civil penalty of not less than one hundred dollars ($100.00) and no more than two hundred dollars ($200.00) for each day the violation continues.
(c) 
It is hereby declared to be a public nuisance for the owner, lessee or person in control of real property to cause, allow or permit the accumulation of rubble or debris from the construction, demolition or partial or total destruction or damage of a building or structure from any cause or source to remain on the property for more than ninety (90) days. Written notice may be sent, but is not required, to the owner, lessee or manager of the property that a public nuisance exists, which endangers the health and safety of the public, law enforcement and fire officials if such condition is not cured within the ninety-day period. There is hereby established a civil penalty of not less than two hundred dollars ($200.00) and not more than five hundred dollars ($500.00) for each day the violation continues and the person shall be subject to an injunction to prohibit the continuation of the public nuisance.
(1991 Code, sec. 21-32)
(a) 
It shall be unlawful for the owner, occupant or person in control of any occupied or unoccupied residential lot or premises in the city to allow or cause to exist open storage.
(b) 
Definition.
Open storage shall mean the placement outside of a building for a continuous period in excess of twenty-four (24) hours and visible from the public street, the public sidewalk, or the ground level of adjoining property, any item which is not customarily used or stored outside or which is not made of a material that is substantially resistant to damage or deterioration from exposure to the outside environment, or such item, good, material, equipment, or merchandise that is damaged or destroyed so as not to be useful for its original intended purpose. Specifically prohibited items shall be, but are not limited to, appliances, household furnishings, construction materials, automotive parts, and junk. Specifically excluded items from this section are barbecue grills, patio furniture, or recreational equipment designed for exterior use in useable condition, and construction materials for an active, in-progress construction project. Such items may be screened from view by freestanding buildings, permanent fences, trees or shrubs, but the covering of the items by a tarp or other material shall not constitute authorized screening.
(1991 Code, sec. 21-33)
(a) 
Notice of violation.
A notice of violation is not required before an owner, occupant or person in control of a premises is issued a citation for violation of sections 6.05.001, 6.05.002 or 6.05.003. Before the city may enter upon an owner’s property in order for the city to abate any violation of sections 6.05.001, 6.05.002 or 6.05.003, or to place a lien on the property for all costs incurred in abating the violation(s), the city shall give written notice to the property owner. The notice shall be mailed by certified mail, return receipt requested, to the owner’s address as it appears on the county’s tax rolls or, if no viable address, by:
(1) 
Posting the notice on or near the front door of each building on the property to which the violation relates; or
(2) 
If the property contains no buildings, posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates, with letters 2-1/2" high in bold type stating “NOTICE”.
(b) 
Contents of first notice.
A notice of violation shall contain a statement that:
(1) 
Sets forth the requirements of sections 6.05.001, 6.05.002 or 6.05.003, as applicable;
(2) 
The owner has ten (10) days from the date of this notice to correct the violation;
(3) 
If the owner fails to correct the violation, the city may enter upon the property or employ another to do so, in order to abate the violation(s) to include mowing, filling, draining, leveling, removal or any other appropriate action necessary to abate or correct the violation(s) and the costs incurred by the city shall be charged to the property owner;
(4) 
If, within thirty (30) days after a bill for costs has been mailed to the owner’s last known address, the owner fails to pay in full all costs incurred by the city to abate or correct the violation(s) a lien shall be filed against the property to secure all costs, expenses and reasonable attorney fees, which lien may be foreclosed upon and the property sold for the indebtedness due the city.
(c) 
Continuing right of entry.
For a continuing right of entry by the city, notice of a second violation shall be given to the owner as provided in subsection (a)(1) or (2), to occur within twelve (12) months of the first. The second shall contain:
(1) 
All required statements as provided in subsection (b) of this section; and
(2) 
A statement that, if the property owner fails to fully abate the violation(s) of sections 6.05.001, 6.05.002 or 6.05.003, the city may enter the property, as necessary, for the next consecutive twelve (12) months to correct the present and any further violations without further notice to the owner and may assess the costs thereof as provided in subsection (b)(4) above, including any administrative fees.
(d) 
City may correct violation.
If at the expiration of ten (10) days after the second notice is given, as provided in this subsection, the owner fails to correct the violation(s), the city may immediately enter upon the property and do the work, or pay for the work to be done, as necessary to correct the violation(s). If the property owner fails to correct the violation(s) after the second notice has been given as provided in subsection (c) of this section, the city may enter the property for the next consecutive twelve (12) months as necessary to correct further violations without further notice to the owner and may assess the costs, expenses, administrative fees, and reasonable attorney fees thereof as provided herein.
(e) 
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 of eighty dollars ($80.00). The statement shall be due within thirty (30) days of the date of mailing.
(f) 
Lien to secure costs.
If the statement is not timely paid, the city may file a statement with the county clerk of the costs and expenses incurred, including administrative costs and any legal fees. 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 interest at the highest allowable legal rate on the delinquent amount from the date payment was made by the city until fully collected by the city. The statement of costs, expenses, administrative fees, or attorney fees, 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.
(g) 
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 manager 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 it deems reasonable. The administrative charge shall not be appealable.
(Ordinance 5334 adopted 9/19/05)