(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:
(1) 
In person;
(2) 
By United States mail;
(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)