Whenever an immediate danger to the health, life or safety of any person exists as a result of garbage, rubbish, junk, trash, unwholesome matter, sewage or toxic waste discharge, storage of airtight containers in an unsafe location, or weeds which have grown to a height, at any point on the property, of greater than 48 inches, the city may abate the nuisance without notice to the owner. In the event the city abates the nuisance under this section, the city shall forward notice to the owner within seven (7) days after the date the city abates such nuisance in the manner set forth in section 6.03.133 of this division.
(Ordinance 2015-08-10-B, art. V, sec. 1, adopted 8/10/15)
The code enforcement officer or designee is authorized to inspect any property within the corporate limits of the city, at any reasonable time, subject, however, to the requirements for obtaining the permission of the occupant, or obtaining a warrant for the entry and inspection of private residences.
(Ordinance 2015-08-10-B, art. V, sec. 2, adopted 8/10/15)
(a) 
If the code enforcement officer charged with the enforcement of this article, or his designee, or the chief of police or his designee, shall determine that a person has violated any provision of this article, notice of the violation shall be served on the owner of the property, in writing, describing the violation. The owner of the property shall be allowed ten (10) days after the date of delivery of notice to abate the described violations and comply with the terms of this article. If the owner or occupant fails to cure or correct all of the violations described in the notice, the code enforcement officer, or his designee, shall cause a complaint to be filed with the city municipal court and cause a summons to be issued, or a peace officer shall [issue] a citation for the violation of this article.
(1) 
Such written notice as required under this section may be provided by:
(A) 
Personal delivery of notice or by certified mail return receipt requested addressed to the owner as listed in the county appraisal district records. If the notice is mailed and returned as “refused” or “unclaimed,” the notice shall be considered delivered.
(2) 
If personal service cannot be obtained:
(A) 
By publication in the local newspaper at least once in a newspaper of general circulation in the city or the county;
(B) 
By posting notice on or near the front door of a building located on the property; or
(C) 
By posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates.
(b) 
If the code enforcement officer or his designee charged with the enforcement of this article shall determine that a situation exists which immediately affects or threatens the health, safety and well-being of the general public, and that immediate action is necessary, such officer may take such action as shall be necessary, including issuing citations for violations of the terms and provisions hereof to the owner and/or occupant of the property upon which such condition exists, as may be deemed appropriate and necessary.
(c) 
If code enforcement officer or his designee charged with enforcement of this article determines a situation constitutes an immediate threat to the public health, safety and welfare, and the owner or occupant of the property is absent or fails to immediately remedy the violation, the city council may, at a regular session or at an emergency session called for the purpose of considering the issue, upon evidence heard, determine that an emergency exists and order such action as may be required to protect the public health, safety and welfare. In such event, the city may prosecute an action in any court of competent jurisdiction to recover its costs.
(d) 
If any owner or occupant shall fail or refuse to remedy any of the conditions prohibited by this article within ten (10) days after notice to do so, the city may do such work or cause the same to be done, and pay therefor, and charge the expenses in doing or having such work done or improvements made to the owner(s) of the property, and such charge shall be a personal liability of such owner to the city.
(e) 
Notices required pursuant to this article shall be in writing. Such notices may be served upon such owner and/or occupant as follows: in person by an officer or employee of the city; by letter addressed to such owner or occupant at his/her post office address; or, if personal service may not be had, or the owner or occupant’s address be not known, then notice may be given by publishing a brief summary of such order at least once in the official newspaper of the city or by posting a notice on or near the front door of each building on the property upon which the violation relates, or, if no building exists, by posting notice on a placard attached to a stake driven into the ground on the property to which the violation relates. The notice shall state “Sanitary Improvements,” “To Whom It May Concern” and a brief statement of the violation(s). Service of the notice by any one of the above methods, or by a combination thereof, shall be deemed sufficient notice.
(f) 
If an owner is mailed a notice in accordance with subsection (e) 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.
(g) 
Notices provided by mail or by posting as set forth in subsection (e) may provide for year-round abatement of the nuisance and inform the owner that, should the owner commit any other violation of the same kind 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 abate the violation at the owner’s expense and assess the costs against the property.
(h) 
Persons littering, in violation of division 2 of this article, or causing or creating a prohibited nuisance in the presence of a person authorized to enforce this article, may be cited or a complaint filed for such violation without notice of the violation, or warning, and such citation or complaint shall be filed in the municipal court of the city.
(Ordinance 2015-08-10-B, art. V, sec. 3, adopted 8/10/15; Ordinance adopting 2018 Code)
In addition to any other remedy provided in this article and cumulative thereto, the code enforcement officer, after giving to the owner of the property ten (10) days’ notice in writing, as provided in section 6.03.133, may cause any of the work or improvements mentioned in this article to be done at the expense of the city, and charge the utility bill of the property on which such work or improvements are done, and cause all of the actual cost to the city to be assessed on the real estate or lot on which such expenses occurred; provided that the owner of any such real estate may appeal to the city council from the order of the code enforcement officer by filing a written statement with the code enforcement officer within ten (10) days after receipt of the notice provided for above, stating that such real estate complied with the provisions of this article before the expiration of a ten (10) day period. The city council shall set a date, within thirty (30) days from the date of the appeal, for hearing the appeal to determine whether the real estate complied with the provisions of this article before the expiration of such ten (10) day period. The authority of the code enforcement officer to proceed to cause such work to be done shall not be suspended while an appeal from the order is pending. If it shall be determined by the city council that the premises complied with the provisions of this article before the expiration of the ten (10) day period, then no personal liability of the owner shall arise nor shall any lien be created against the premises upon which such work was done.
(Ordinance 2015-08-10-B, art. V, sec. 4, adopted 8/10/15; Ordinance adopting 2018 Code)
Cumulative of the city’s remedy by fine, as set forth herein, the city may do such work or cause the same to be done to remedy such condition to remove such matter from such owner’s premises at the city’s expense and charge the same to the utility bill of such property and assess the same against the real estate or lot or lots upon which such expense is incurred.
(1) 
Expenditures plus ten (10) percent per annum interest on the expenditures from the date of such payment by the city shall be added to the next billing cycle for utility bills for the real estate or lot or lots, if not already paid. Payment shall be due and payable in full by the owner or occupant at the time of payment of such utility bill. If the property is unoccupied, no utilities shall be furnished to the property where the work occurred until such obligation, as herein set out, payable to the city for abatement of any nuisance described herein is paid in full.
(2) 
Upon filing with the county clerk of a statement by the city secretary or designee of such expenses, the city shall have a privileged lien upon said real estate or lot or lots, second only to tax liens and liens for street improvements, to secure the expenditure so made and ten (10) percent per annum interest on the amount from the date of such payment so made by the city.
(3) 
The city may, additionally, institute suit and recover such expenses and foreclose such lien in any court of competent jurisdiction, and the statement so filed with the county clerk or a certified copy thereof shall be prima facie proof of the amount expended in any such work or improvements to remedy such condition or remove any such matter.
(Ordinance 2015-08-10-B, art. V, sec. 5, adopted 8/10/15)
The civil and criminal provisions of this article shall be enforced by the persons or agencies designated by the city, including, but not limited to, the county sheriff’s department, the city police department, the building official, and the code enforcement officer. It shall be a violation of this article to interfere with a code enforcement officer, or other person authorized to enforce this article, in the performance of his or her duties.
(Ordinance 2015-08-10-B, art. V, sec. 6, adopted 8/10/15)
Any person who shall violate any of the provisions of this article, or shall fail to comply therewith, or with any of the requirements thereof, within the city limits shall be deemed guilty of an offense and shall be liable for a fine in accordance with the general penalty provided in section 1.01.009 of this code. Each day the violation exists shall constitute a separate offense. Such penalty shall be in addition to all the other remedies provided herein.
(Ordinance 2015-08-10-B, art. V, sec. 7, adopted 8/10/15; Ordinance adopting 2018 Code)
All remedies cited herein are in addition to and not in lieu of all remedies permitted to the city by law.
(Ordinance 2015-08-10-B, art. V, sec. 8, adopted 8/10/15)