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:
Any and all other objectionable, unsightly or unsanitary matter of whatever nature.
Any condition, object, material or other matter that is dangerous or detrimental to human life or health; that renders the ground, the water, the air or food a hazard or likely to cause injury to human life or health; that is offensive to the senses; or that threatens to become detrimental to the public health. The term “any and all other objectionable, unsightly or unsanitary matter of whatever nature” includes but is not limited to any abandoned wells, shafts or basements; abandoned refrigerators; stagnant or unwholesome water; sinks; privies; filth; carrion; rubbish; junk, trash, debris or refuse; impure or unwholesome matter of any kind; and any matter, condition or object which is objectionable, unsightly or unsanitary to a person of ordinary sensitivities.
Large tract.
A lot or parcel of real estate consisting of seven or more acres.
Lot or parcel of real estate.
Includes, in addition to those grounds within their respective boundaries, all lots or parcels of ground lying and being adjacent thereto and extending beyond the property line of any such lot or parcel of real estate to the curbline of adjacent streets where a curbline has been established, and any abutting rights-of-way beyond the property line where no curbline has been established and also to the center of adjacent alleys.
Rubbish.
All refuse, tin cans, old vessels of all sorts, useless articles, discarded clothing and bottles of all sorts, and other nondecayable wastes.
Trash and debris.
All manner of refuse, including but not limited to mounds of dirt, compost, piles of leaves, grass and weed clippings, paper trash, useless fragments of building material, rubble, household items and appliances, items of salvage, such as scrap metal and wood, barrels, tires, objects that hold water for an extended time, tree and brush trimmings, and other miscellaneous wastes or rejected matter.
Tree.
A woody plant with a trunk and secondary branches, which has a trunk diameter that is greater than one inch.
Undeveloped tract.
Any lot or parcel of real estate on which there is not affixed above-ground structures, such as houses, garages, sheds, or barns.
Weeds.
Includes grass, or rank or uncultivated vegetable growth or matter that:
(1) 
Has grown to more than nine inches in height;
(2) 
Creates an unsanitary condition or becomes a breeding place for mosquitoes, rodents, vermin or other disease-carrying pests regardless of the height of the growth; or
(3) 
Endangers property or is liable to catch on fire.
(1966 Code, sec. 18-46; 2001 Code, sec. 46-121; Ordinance 86-2005, sec. 1, adopted 10/18/05; Ordinance 42-2011, sec. 1, adopted 8/16/11)
(a) 
It shall be unlawful for any person who owns or has possession or control of any lot or parcel of real estate to permit rubbish or any other objectionable, unsightly and unsanitary matter of whatever nature to exist, covering or partly covering the surface of any lot or parcel of real estate within the city so as to produce an unsightly appearance or which may harbor reptiles or rodents, create a fire hazard or result in unsanitary conditions. Such a condition is declared to be a public nuisance, the abatement of which shall be a public necessity.
(b) 
It shall be unlawful for any person who owns or has possession or control of any lot or parcel of real estate to permit weeds to grow on the property.
(c) 
It is an affirmative defense to prosecution pursuant to this section that the weeds:
(1) 
Consist only of trees; or
(2) 
Are entirely located on a large tract or an undeveloped tract and are not within 50 feet of any dedicated public street or the boundary of said tract.
(1966 Code, sec. 18-47; 2001 Code, sec. 46-124; Ordinance 86-2005, sec. 1, adopted 10/18/05; Ordinance 42-2011, sec. 2, adopted 8/16/11)
(a) 
The notice to abate the condition described in this article shall be given:
(1) 
Personally to the owner in writing;
(2) 
By letter addressed to the owner at the owner’s address as recorded in the appraisal district records of the appraisal district in which the property is located; or
(3) 
If personal service cannot be obtained, by:
a. 
Publication at least once;
b. 
Posting the notice on or near the front door of each building on the property to which the violation relates; or
c. 
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.
(b) 
If the city mails a notice to a property owner in accordance with subsection (a) of this section 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.
(c) 
In a notice provided under this section, the city may inform the owner by regular mail and a posting on the property 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 subsection occurs within the one-year period and the city has not been informed in writing by the owner of an ownership change, the city, without notice, may take any action permitted by section 46-188 and assess its expenses as provided by section 46-189.
(2001 Code, sec. 46-125)
All unlawful conditions described in section 46-186 are declared to be public nuisances, the abatement of which shall be a public necessity. It shall be the duty of any person other than the city, owning or having possession or control of any lot or parcel of real estate upon which exists an unlawful condition described in section 46-186, to promptly remove or abate such condition, unless said condition consists solely of:
(1) 
Trees; or
(2) 
Weeds that are located on a large tract or an undeveloped tract and are more than 50 feet from a dedicated public street or boundary of the tract.
(1966 Code, sec. 18-48; 2001 Code, sec. 46-126; Ordinance 57-2006, sec. 2, adopted 7/18/06; Ordinance 42-2011, sec. 3, adopted 8/16/11)
If the owner shall fail or refuse to abate the condition described in this article within seven days from the date of notice to abate such condition as provided in section 46-188, the city may cause such condition to be abated. The cost of work done or improvements made in abating such condition shall, when performed by private, independent contractors or the city, be the actual cost to the city plus an administrative fee per lot or parcel established by separate ordinance. When the work is done, the city shall compile the cost of such work done or improvements made and shall charge such costs against the owner of such premises. A certified copy of such costs shall be filed with the county clerk, and when the copy is filed, the city shall have a privileged lien upon such lot or parcel of real estate to secure the expenditures so made, and ten percent interest on the amount from the date of such payment. The lien statement shall state the name of the owner, if known, and the legal description of the property. The lien attaches upon the filing of the lien statement with the county clerk. This lien is inferior only to tax liens and liens for street improvements. After the fixing of any such lien and for any such expenditures and interest, suit may be instituted and recovery and foreclosure had in the name of the city in any court of competent jurisdiction. In any suit or action, the statement of charges so made or a certified copy thereof shall be prima facie proof of the amount expended in any such work or improvements.
(1966 Code, sec. 18-49; 2001 Code, sec. 46-127; Ordinance 42-2011, sec. 4, adopted 8/16/11)