(a) Stagnant
Water.
It shall be unlawful for the owner, occupant,
or person having charge of any lots or other premises in the city
to allow or permit holes or places where water may accumulate and
become stagnant to be or remain on such lot or premises or to allow
or permit the accumulation of stagnant water thereon, or to permit
the same to remain therein.
(b) Accumulation
of Carrion, Filth, Refuse, Waste Materials, Furniture, Electronics,
Junk, Salvage Materials or Other Bulky Items.
It shall
be unlawful for the owners, occupant or person having charge of any
lot building, house, establishment or premises in the city to allow
or permit any carrion, filth, refuse, waste material, furniture, electronics,
appliances, junk, salvage materials, vehicle parts or tires or other
bulky items, to accumulate or remain thereon.
(c) Growth
or Accumulation of Rubbish, Weeds.
It shall be unlawful
for the owner, occupant or person having charge of any lot or premises
in the city to allow or permit weeds, rubbish, trash, garbage or any
other unsightly, objectionable or unsanitary matter of whatever nature
to grow, accumulate or remain on such lot or premises. It shall be
unlawful to permit grass, weeds, vegetation or any plant that is not
regularly cultivated to grow to a greater height than twelve inches,
or to grow in rank profusion upon any property so as to become a breeding
place for or a harbor for reptiles, rodents, insects or other animals.
It shall be unlawful for any person, firm or corporation to fail to
keep any lot or tract of land within the city free from weeds, brush
or non-aesthetic trees as defined in this code.
(d) Maintenance
of Abutting Property.
It shall be unlawful for the owner
of any lot or premises in the city to allow or permit weeds, rubbish
or any other unsightly, objectionable or unsanitary matter of whatever
nature to grow, accumulate or remain on the area between the property
line and the curbline of adjacent streets and alleys, and where no
curb exists, the area extending to the adjacent street or alley surface.
(e) Exemptions.
The following property is exempted from the provisions of this
section:
(1) State
highway median or right-of-way; and
(2) The
cultivation of concentrated wildflowers from March 1st until June
30th of each year in areas where weeds and grasses do not exceed 18
inches in height.
(f) Declaration
of Nuisance.
Unless otherwise provided, an offense under this section is declared a public nuisance and subject to the penalties provided for in section
6.306.
(Ordinance 2019-14 adopted 7/11/19)
(a) 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 in writing, to correct, remedy or remove the condition within
ten days after such notice and it shall be unlawful for any person
to fail to comply with such notice.
(b) Methods
for notification are as follows:
(3) By
publication at least twice within ten (10) consecutive days;
(4) By
posting notice on or near a building near the property to which the
violation relates;
(5) By
posting 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.
(c) If the city mails a notice of violation to a property owner in accordance with subsection
(b) 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.
(Ordinance 2018-21 adopted 7/12/18)
(a) Failure
of Owner to Correct Condition.
In the event the owner
of any lot or premises upon which condition described in this article
exists fails to correct, remedy or remove such condition within ten
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 Section 6.302(a).
(b) Property
Owner Invoice.
Prior to the filing of the statement of
expenses and lien with the county clerk, the city secretary shall
prepare an invoice detailing the expenses incurred to correct, remedy
or remove such condition and deliver such invoice by regular mail.
The invoiced amount is due and payable within 30 days after notice
is mailed.
(c) Filing
of Statement of Expenses Incurred.
Whenever any work is done or improvements are made by the city under the provisions of subsection
(a) above, the city manager, 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 or dates on which the work was done, or the improvements were made.
(d) Lien
for and Collection of Expenses.
After the statement provided for in subsection
(b) above 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 10% per annum from the date the statement was filed. 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 subsection
(b) above, or a certified copy thereof, shall be prima facie proof of the amount expended for such work or improvements.
(Ordinance 2018-21 adopted 7/12/18)
The city may immediately abate the nuisances of weeds in excess
of forty-eight (48) inches in height which are an immediate danger
to the health, life or safety of any person.
(Ordinance adopting Code)
Upon giving written notice to a property owner in violation
of the city health ordinances, the city may inform the property owner
by certified mail that if the owner commits another violation of the
same kind or nature on or before the first anniversary of the date
of the notice, the city may without further notice correct the violation
at the owner’s expense and assess the expense against the property.
(Ordinance adopting Code)
(a) Criminal
Remedies.
(1) Unless otherwise provided, an offense under Section
6.301 is a misdemeanor punishable by a fine as provided as listed below:
(A) Any person convicted of one previous offense under Section
6.301 within three years of the date of an alleged offense shall be fined not less than $250.00.
(B) Any person convicted of two or more previous offenses under Section
6.301 within three yeas of the date of an alleged offense shall be fined not less than $500.00.
(2) Each
separate occurrence of a violation or each day that a violation continues
shall constitute a separate offense.
(b) Civil
Remedies.
The penal provisions imposed under this section
shall not preclude the city from filing suit to enjoin the violation.
The city retains all legal rights and remedies available to it pursuant
to local, state, and federal law.
(Ordinance 2018-21 adopted 7/12/18)