(a)
Stagnant water.
It shall be unlawful for any person
who shall own or occupy any lot within the city to permit or allow
holes or places of such lots where water may accumulate and become
stagnant, or to permit or allow the accumulation of stagnant water
thereon, or permit the same to remain thereon.
(b)
Carrion, filth or other unwholesome matter.
It shall
be unlawful for any person who shall own or occupy any house, structure,
building, establishment, lot or yard within the city to permit or
allow any carrion, filth, or any other impure or unwholesome matter
liable to produce disease to accumulate, attract or harbor mosquitoes,
rodents, vermin, or other disease-carrying pests or remain thereon.
(c)
Weeds, brush, rubbish, etc.
It shall be unlawful for
any person who shall own or occupy any lot within the city to permit
or allow weeds, rubbish, brush, trash or any other matter liable to
produce disease, attract or harbor mosquitoes, rodents, vermin, or
other disease-carrying pests [to accumulate] or remain thereon.
(d)
Conditions dangerous to life or health.
It shall be
unlawful for any person who shall own or occupy any house, structure,
building, establishment, lot or yard in the city to permit or allow
any condition that is dangerous to life or health, or whatever renders
the ground, the water, the air or any food and drink unhealthy and
a hazard to life or health.
(e)
Accumulation of refuse.
It shall be unlawful for any
person who shall own or occupy any house, structure, building, establishment,
lot or yard within the city to store or accumulate refuse on premises
unless the refuse is entirely contained in a closed receptacle.
(f)
Accumulation of rubbish.
It shall be unlawful for any
person who shall own or occupy any house, structure, building, establishment,
lot or yard within the city to store or accumulate rubbish including
newspapers, refrigerators, stoves, furniture, tires, and cans on premises
within 300 feet of a public street for ten days or more, unless the
rubbish or object is completely enclosed in a building or is not visible
from a public street.
(g)
Unsafe or hazardous buildings.
It shall be unlawful
for any person who shall own or occupy any house, structure, building,
or establishment to maintain a building in a manner that is structurally
unsafe or constitutes a hazard to safety, health, or public welfare
because of inadequate maintenance, unsanitary conditions, dilapidation,
obsolescence, disaster, damage, or abandonment or because it constitutes
a fire hazard.
(h)
Flea market constituting fire hazard.
It shall be unlawful
for any person who shall own or occupy any house, structure, building,
establishment, lot or yard within the city to maintain a flea market
in a manner that constitutes a fire hazard.
(i)
Other nuisances.
It shall be unlawful for any person
who shall own or occupy any house, structure, building, establishment,
lot or yard in the city to permit or allow any condition constituting
a nuisance as defined in or provided by any other provision of this
code.
(Ordinance 07-636, sec. 1, adopted 4/30/07; Ordinance 15-764, sec. 1, adopted 11/12/15; 2007
Code, sec. 16-77)
Whenever any condition described in this article is found to
exist on any premises within the city, the owner of such premises
shall be notified by the city to correct, remedy or remove the condition
within seven days after such notice. It shall be unlawful for any
person to fail to comply with such notice.
(1973 Code, sec. 14-19; 1991 Code,
sec. 20-109; Ordinance 05-603, sec.
I, adopted 7/14/05; 2007 Code,
sec. 16-80)
The notice provided for by this article shall be served personally
to the owner in writing or by letter addressed to the owner of the
property at the owner’s address as recorded in the county appraisal
district records. If a notice mailed to the property owner is returned
by the United States Postal Service as “refused” or “unclaimed,”
the validity of the notice is not affected, and the notice is considered
as delivered. If personal service cannot be obtained service may be
made by publication at least once in a newspaper of general circulation
published within the city, by posting the notice on or near the front
door of each building on the property to which the violation relates,
or by posting the notice on a placard attached to a stake driven into
the ground on the property to which the violation relates.
(1973 Code, sec. 14-20; 1991 Code,
sec. 20-110; Ordinance 05-603, sec.
II, adopted 7/14/05; 2007 Code,
sec. 16-81)
In the event the owner of any lot or premises upon which a condition
described in this article exists fails to correct, remedy or remove
such condition within seven days after notice to do so is given in
accord with this article, the city may do such work or make such improvements
as are necessary to correct, remedy or remove such condition, or cause
the same to be done, and pay therefor and charge the expenses incurred
thereby to the owner of such lot. Such expenses shall be assessed
against the lot or real estate upon which the work was done or the
improvements made. The doing of such work by the city shall not relieve
such person from prosecution for failure to comply with such notice
in violation of this article.
(1973 Code, sec. 14-21; 1991 Code,
sec. 20-111; Ordinance 05-603, sec.
III, adopted 7/14/05; 2007 Code,
sec. 16-82)
Whenever any work is done or improvements are made by the city
under the provisions of this article, the mayor, city health officer
or other city official designated by the mayor, on behalf of the city,
shall file a statement of the expenses incurred thereby with the county
clerk. Such statement shall give the amount of such expenses, and
the date on which the work was done or the improvements were made.
(1973 Code, sec. 14-22; 1991 Code,
sec. 20-112; 2007 Code, sec. 16-83)
After the statement provided for in section 7.05.005 is filed, the city shall have a privileged lien on the lot or real estate upon which the work was done or improvements made, to secure the expenses thereof. Such lien shall be second only to tax liens and liens for street improvements, and the amount thereof shall bear interest at the rate of ten percent per annum from the date the expenses were paid. For any such expenditures and interest, suit may be instituted and recovery and foreclosure of the lien may be had in the name of the city and the statement of expenses made in accord with section 7.05.005, or a certified copy thereof, shall be prima facie proof of the amount expended for such work or improvements.
(1973 Code, sec. 14-23; 1991 Code,
sec. 20-113; 2007 Code, sec. 16-84)
In a notice to the property owner, the city may 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
city without further notice may correct the violation at the owner’s
expense and assess the expense against the property. If a violation
covered by a notice under this section occurs within the one-year
period, and the city has not been informed in writing by the owner
of an ownership change, then the municipality without notice may do
the work or make the improvements required and pay for the work done
or improvements made and assess the city’s expenses incurred
against the real estate on which the work is done or improvements
made.
(1991 Code, sec. 20-114; Ordinance 05-603, sec. IV, adopted 7/14/05; 2007 Code, sec. 16-85)
