The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Brush.
Unsightly scrub vegetation of nominal or no economic value or unsightly or unwanted undergrowth vegetation; plants or grass clippings, leaves or tree trimmings.
Carrion.
The dead and putrefying flesh of an animal or any flesh that is unfit for consumption.
Dangerous weeds.
Weeds or brush that: (1) have grown higher than 48 inches; and (2) are an immediate danger to the health, life or safety of any person, and shall constitute an immediate nuisance to the public.
Filth, unwholesome or unsanitary matter.
Rotten, foul, diseased or unhealthy matter; or, matter that is detrimental to physical, mental or moral well-being.
Nuisance.
Whatsoever is dangerous to human life or health, whatsoever renders the ground, the water, the air or the food a hazard or injurious to human life or health or that is offensive to the senses or that is detrimental to the public health.
Owner/property owner.
Any person(s) or entities owning, claiming, occupying or having supervision or control of any real property, lot, tract, parcel of land, occupied or unoccupied, improved or unimproved, within the corporate limits of the city.
Person.
Any person, firm, corporation, organization, partnership, or municipal entity incorporated or nonincorporated other than the city.
Rubbish.
Miscellaneous waste, trash, garbage, debris or rejected or used matter, including, but not limited to, feathers, ashes, aluminum cans, papers, boxes, glass, tires, crates, construction scraps and used, rejected, or worthless building materials.
Stagnant water.
A body of standing, motionless water of any amount, which has remained standing or motionless for a period of greater than seven (7) days that may allow for the growth of rotten, foul, diseased or unhealthy matter.
Tall grass.
Grass that is longer than twelve inches (12") from the soil or ground.
Weeds.
Vegetation of nominal or no economic value of unsightly appearance that tends to grow freely and by its presence to exclude or retard grass or more valuable vegetation; or, vegetation of exuberant growth and injurious effect. This excludes trees, cultivated flowers, or cultivated crops.
(Ordinance 2014-01-27-01 adopted 1/27/14)
(a) 
It shall be a violation of this article for the owner or occupant of any lot or premises in the city to allow or permit weeds, tall grass, or brush, as defined in section 6.06.001, to accumulate to a height greater than twelve (12) inches upon any real property within 150 feet of any:
(1) 
Property line;
(2) 
City street or right-of-way;
(3) 
Alley;
(4) 
Utility easement;
(5) 
Subdivision addition;
(6) 
Developed property; or
(7) 
Buildings or other structures.
It is the responsibility of the owner to maintain the real property from the line of the owner's property to the curbline next adjacent to it, if there is a curbline, and if not, then to the centerline of the adjacent unpaved street, or to the edge of the pavement, cleared of the matter referred to above. All vegetation, whether weeds, tall grass, or brush, which exceeds twelve (12) inches in height shall be presumed to be objectionable and unsightly.
(b) 
It shall be a further violation of this article for any owner to allow or permit rubbish, stagnant water, carrion, filth, and/or unsanitary or unwholesome matter of whatever nature to grow, accumulate or remain on such lot or premises.
(c) 
A violation of subsection (b) above is subject to notice and penalties as described herein.
(Ordinance 2014-01-27-01 adopted 1/27/14)
(a) 
The city may abate, without notice, dangerous weeds.
(b) 
Not later than the 10th day after the date the city abates weeds under this subsection, the city shall give notice to the property owner in the manner required by section 6.06.004.
(c) 
The notice shall contain:
(1) 
An identification, which is not required to be a legal description, of the property;
(2) 
A description of the violation(s) of this article that occurred on the property;
(3) 
A statement that the city abated the weeds; and
(4) 
An explanation of the property owner's right to request, in writing, an administrative hearing regarding the city's abatement of the weeds.
(d) 
The city shall conduct an administrative hearing on the abatement of the weeds under this section if, not later than the 30th day after the date of the abatement of the weeds, the property owner files with the city a written request for a hearing.
(e) 
An administrative hearing conducted under this section shall be conducted not later than the 20th day after the date a request for a hearing is filed. At the hearing, the owner may testify or present witnesses or written information relating to the city's abatement of the weeds.
(f) 
The city may assess expenses and create a lien under this section as it assesses expenses and creates liens under section 6.06.006. A lien created under this section is subject to the same conditions as a lien created under section 6.06.006.
(Ordinance 2014-01-27-01 adopted 1/27/14)
(a) 
If the city determines that a property owner is in violation of this article, the city shall provide seven days' written notice to the property owner and any occupant of the premises demanding compliance with this article.
(b) 
The notice shall be given:
(1) 
Personally to the owner and/or occupant in writing; or
(2) 
By letter sent certified, first class mail, return receipt requested and addressed to the owner at the owner's address as recorded in the county central appraisal district; or
(c) 
If personal service of notice cannot be obtained by the methods described above in this section, the following methods may be used:
(1) 
By publication at least once in the or other newspaper of general circulation in the city;
(2) 
By posting the notice on or near the front door of each building on the property to which the violation relates; or
(3) 
By posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates, if the property contains no buildings.
(d) 
If the city mails a notice to a property owner in accordance with the requirements above, and the United States Postal Service returns the notice as “refused” or “unclaimed,” the validity of the notice is not affected, and the notice is considered as delivered.
(e) 
The notice shall provide the following information:
(1) 
A general identification of the property in question, which is not required to be a legal description;
(2) 
The name and address of the owner of the property, if known;
(3) 
A brief description of the nature of the violation(s) and the work required to be completed to comply with this article;
(4) 
A notice stating that if the owner or occupant of the property in question fails to abate the violation described in the notice within seven (7) days of the date the notice was delivered, posted or published in the manner provided for in this article, such inaction will constitute prima facie evidence of a violation of this article, and the city may do the work or make the improvements required to bring the property into compliance with this article and pay for the work done or improvements made and charge the expenses to the owner of the property;
(5) 
A notice that if the owner or occupant is aggrieved by any aspect of the notice of violation or the findings as set forth in said notice of violation, that the owner or occupant may request in writing to the city secretary within seven (7) days of the date the notice was delivered, posted or published in the manner provided for in this article, that a hearing take place wherein the city council may address said grievance(s) and render a final determination; and
(6) 
A notice that any such written request for a hearing must give a specific description of all grievances that the owner or occupant of property wishes to have reviewed by the city council, and that the owner or occupant may have present an attorney or agent to represent the owner or occupant and may present witnesses or other evidence for consideration by the city council.
(f) 
In a notice provided under this section, the city shall inform the owner by regular mail and a posting on the property, or by personally delivering the notice, that if the owner commits another violation of the same kind or nature that poses a danger to the public health and safety on or before the first anniversary of the date of the notice, the municipality, without further notice, may correct the violation at the owner's expense and assess the expense against the property.
(Ordinance 2014-01-27-01 adopted 1/27/14)
If the owner or occupant of the property in question fails to abate the violation(s) described in the notice and fails to request in writing to the city secretary a hearing within seven (7) days after the date the notice was delivered, sent, posted or published, the city may do the work or make the improvements required to abate the violation(s) and pay for the work done or improvements made and charge the expenses to the owner of the property.
(Ordinance 2014-01-27-01 adopted 1/27/14)
(a) 
If the city incurs any expenses in bringing the property in question into compliance with this article, the mayor or his/her designee may send an invoice to the property owner for reimbursement to the city of said expenses and/or file a statement of expenses in the official public records of real property in the county to perfect a lien against the property whereon the violation was abated. The lien is a privileged lien subordinate only to tax liens and liens for street improvements.
(b) 
The lien statement shall state the following:
(1) 
The name of the owner, if known;
(2) 
A legal description of the property;
(3) 
The amount of the expenses incurred by the city; and
(4) 
The balance owed.
(c) 
The lien is extinguished to the extent that a property owner or another person having an interest in the legal title to the property reimburses the city for its expenses.
(d) 
The lien is security for the expenditures made and interest accruing at the rate of ten (10%) simple interest per annum, or as otherwise permitted by law, on the amount due from the date of payment by the municipality.
(e) 
The city council may direct the mayor or his/her designee to bring a suit for foreclosure in the name of the city to recover the expenditures and interest due.
(Ordinance 2014-01-27-01 adopted 1/27/14)