For the purpose of this article, the following definitions shall apply, unless the context clearly indicates or requires a different meaning:
Garbage.
Rotting animal and vegetable wastes resulting from the handling, preparation, cooking and consumption of food, and the containers in which food has been stored.
Junk.
Old or discarded material or objects, such as metals, wood, old furniture, machines, cars, car parts and other materials.
Litter.
Garbage, refuse and rubbish as defined in any commonly used American English dictionary, and all other waste material which, if thrown or deposited as herein prohibited, tends to create a danger to public health, safety and welfare.
Public place.
Any and all streets, sidewalks, boulevards, alleys or other public ways and any and all public parks, squares, spaces, grounds and buildings.
Refuse.
All rotting and non-rotting solid wastes (except body wastes), including garbage, rubbish, ashes, street cleanings, dead animals, solid market and industrial wastes and any unsightly and unsanitary matter.
Rubbish.
Solid wastes consisting of both combustible [and non-combustible] wastes, such as paper, wrappings, cigarettes, cardboard, tin cans, yard clippings, leaves, wood, glass, bedding, crockery and similar materials.
(1972 Code, sec. 15-46; Ordinance 381 adopted 4/17/1990; 1995 Code, sec. 95.30)
Any person, firm or individual who shall violate any of the provisions of this article shall be guilty of a misdemeanor, and upon conviction shall be fined in any sum not exceeding $500.00, and each and every day’s violation shall constitute a separate and distinct offense. In case the owner or occupant of any lot, lots or premises under the provisions of this article shall be a corporation and shall violate any provision of this article, the president, vice-president, secretary, and treasurer of such corporation or any manager, agent or employee of such corporation shall also be severally liable for the penalties herein provided.
(1972 Code, sec. 15-54; Ordinance 381 adopted 4/17/1990; 1995 Code, sec. 95.99)
(a) 
Places where stagnant water may accumulate.
It shall be unlawful for any person, firm or corporation who shall own or occupy any lot or lots in the city to permit or allow holes or places on the lots where water may accumulate and become stagnant or to permit same to remain.
(b) 
Accumulation of stagnant water.
It shall be unlawful for any person, firm or corporation who shall own or occupy any lot or lots in the city to permit or allow the accumulation of stagnant water thereon or to permit the same to remain.
(c) 
Carrion, filth or other unwholesome matter.
It shall be unlawful for any person, firm or corporation who shall own or occupy any house, building, establishment, lot or yard in the city to permit or allow any carrion, filth or other impure or unwholesome matter to accumulate or remain thereon.
(d) 
Notice of violation; correction of conditions by city.
Should any owner of such lot or lots that have places thereon where stagnant water may accumulate and/or which are not properly drained or the owner of any premises or building upon which carrion, filth or other impure or unwholesome matter may be found and/or [sic] refuse to drain and/or fill the same lot or lots or remove such filth, carrion or other impure or unwholesome matter, as the case may be, within ten days after notice to the owner to do so in writing or by letter addressed to such owner at his post office address, or within ten days after notice by publication as many as two times within ten consecutive days in any newspaper in the state if personal service may not be had as aforesaid or if the owner’s address is not known, then, in that event, the city may do such filling or draining or removal of filth, carrion, and the like, or any other unsightly, objectionable or unsanitary matter, or cause the same to be done, and may pay therefor and charge the expenses incurred in doing such work or having such work done or improvements made to the owner of such lot or lots or real estate, and if such work is done or improvements made then the expense or expenses shall be assessed on the real estate or lots upon which such expense was incurred.
(1972 Code, secs. 15-47–15-50; Ordinance 381 adopted 4/17/1990; 1995 Code, secs. 95.31–95.34)
(a) 
Prohibited conditions.
It shall be unlawful for any person, including the owners, agents or representatives of any nonresident owner of any premises, to:
(1) 
Allow grass, weeds or brush to grow or flourish without having the same cut to a height not greater than 12 inches from the surface of the ground on that portion of the lot, block or tract of land that is within 100 feet of any:
(A) 
Residential or commercial property; or
(B) 
Developed street right-of-way;
(2) 
Place on or allow or permit to be placed upon, accumulated or remain on public or private property any garbage, litter, junk, rubbish, refuse or any other unsightly condition as determined by the code enforcement officer, city manager or his designee. The presence of any garbage, litter, rubbish, refuse or junk within the city determined to be unsightly shall be deemed a public nuisance.
(b) 
Notice of violation; cutting or removal by city.
Should any owner of any lot or lots within the city who shall allow grass, weeds, brush, garbage, litter, junk, refuse, rubbish or any other unsightly, objectionable or unsanitary matter to grow or accumulate thereon fail and/or refuse to cut down and/or remove such weeds, grass, rubbish, brush, garbage, litter, junk, refuse or other unsightly, objectionable or unsanitary matter, as the case may be, within ten days after notice to the owner to do so, in writing or by letter addressed to such owner at his post office address or within ten days after notice by publication as many as two times within ten consecutive days in any newspaper in the city, the city may do such cutting down and/or removing of such weeds, grass, rubbish, brush, garbage, litter, junk, refuse or any other unsightly, objectionable or unsanitary matter or cause the same to be done and may pay therefor and charge the expenses incurred in doing such work or having such work done or improvements made to the owner of such lot or lots or real estate, and if such work is done or improvements made at the expense of the city then such expenses shall be assessed on the real estate or lot or lots upon which such expense was incurred.
(1972 Code, secs. 15-51, 15-52; Ordinance 381 adopted 4/17/1990; 1995 Code, secs. 95.35, 95.36)
The code enforcement officer, city manager or his designee shall file a statement of such expenses incurred under this article, as the case may be, giving the amount of such expenses, and the date on which the work was done or improvements made, with the county clerk, and the city shall have a privileged lien on such lot or lots or real estate upon which the work was done or improvements made to secure the expenditures so made, which lien shall be second only to tax liens and liens for street improvements, and the amount shall bear 10% interest from the date the statement was filed. It is further provided that, for any such expenditures and interest as aforesaid, a 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 so made as aforesaid or a certified copy thereof shall be prima facie proof of the amount expended for such work or improvements.
(1972 Code, sec. 15-53; Ordinance 381 adopted 4/17/1990; 1995 Code, sec. 95.37)