ARTICLE 6.03 STAGNANT WATER, WEEDS, RUBBISH, AND OTHER UNSANITARY CONDITIONS

Within the respective boundary of the lot or parcel and to extend beyond such boundaries to the centerlines of adjacent or abutting streets or alleys wherever a lot or parcel contains weeds and/or brush over twelve (12) inches tall within one hundred fifty (150) feet of the curbline of adjacent streets, and, where no curb exists, to the edge of the street or road surface, or within one hundred fifty (150) feet of any building or within one hundred fifty (150) feet of any public or private grammar, middle or high school property line, such condition is hereby declared to be a public nuisance, the prompt abatement of which is a public necessity.

All lots and parcels of land within the city shall be kept completely free and clear of garbage, trash, debris, rubbish, waste, wood and metal scrap, inoperative or abandoned appliances and furniture or other unsightly, objectionable or unsanitary material. Weed and grass cuttings, however, need not be removed unless they will be of such quantity as to be a hazard to pedestrians, constituting a public nuisance, and notice is given by the code enforcement officer to the property owner, tenant, or occupant.

Wherever garbage, trash, waste, wood and metal scrap, items of furniture, inoperative appliances or rubbish shall exist, covering or partially covering any lot or parcel, such condition is hereby declared to be a public nuisance, the prompt abatement of which is a public necessity.

If a tract of land is smaller than three (3) acres, the entire tract shall be kept free of weeds and brush over twelve (12) inches tall.

(e)

It is the duty and responsibility of the owner of a lot or parcel of land within the city to keep and maintain said lot or parcel of land in compliance with the above standards.

(f)

The owner of the lot or parcel shall abate any violations of this section to comply with city code standards within the time period of seven (7) days of the notice’s receipt or seven (7) days of the date of the notice’s final publication as provided by this article.

(Ordinance 15-14, sec. 1, adopted 9/21/15)

§ 6.03.005 Notice of violation.

Whenever the code enforcement officer discovers or receives information of the existence of any lot or parcel not meeting the standards set out in this article, the code enforcement officer, shall notify the owner of the lot or parcel of the violation.

Unless specified otherwise, notice under this article shall be given:

Personally in writing;

By letter addressed to the owner’s post office address sent by certified U.S. mail, return receipt requested; or

(3)

If personal service cannot be obtained or the owner’s post office address is unknown:

(A)

By publication in a newspaper of general circulation at least twice within ten (10) consecutive days; and

(B)

By posting the notice on or near the front door of each building on the lot or parcel to which the violation relates; or

(C)

By posting the notice on a placard attached to a stake driven into the ground on the lot or parcel to which the violation relates, if the lot or parcel contains no buildings.

When the known owner is a corporation, notice shall be served or addressed delivery to the president, vice-president, or registered agent of the corporation. When the corporation shall fail to appoint or maintain a registered agent, or whenever its officers or registered agent cannot with reasonable diligence be found at the registered office, duplicate copies by certified mail, return receipt requested.

Unless specified otherwise, notice under this article shall contain:

An identification, which is not required to be a legal description, of the lot or parcel;

A description of the code violations that occurred on the lot or parcel;

(3)

The time period, as provided in this article, in which the owner must abate the nuisance;

(4)

A statement that, upon failure of the owner to abate the situation within such time period, the city may cause the correction and abatement work to be done on its own and charge the owner for the expense involved as set out in this article and, upon failure of the owner to pay the city for such expense, fix a lien on the lot or parcel for the expense involved.

(e)

The city may also inform the owner 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 notice, the city without further notice may correct the violation at the owner’s expense and assess the expense against the lot or parcel. Notice of this subsection’s provisions may be included in any notice of violation allowed under this article. Notice of this subsection’s provisions shall be satisfied if it is given:

Be certified mail, return receipt requested; or

By personal delivery with receipt signed by the owner.

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, then the city without notice may take any action permitted by this article to abate the violation and may assess expenses against the owner of the lot or parcel.

(Ordinance 15-14, sec. 1, adopted 9/21/15)

§ 6.03.006 Penalty.

It shall be unlawful for the owner or tenant of any land within the city to knowingly, recklessly, or with criminal negligence fail to have any weeds, brush or rubbish mowed, cut, or removed or otherwise bring property into compliance with the standards set forth in section 6.03.004.

§ 6.03.007 Abatement by city; payment of city’s costs; removal of trees for access.

Upon conviction for violation hereof, the owner shall be fined an amount no less than one hundred dollars ($100.00) and not more than two thousand dollars ($2,000.00); provided, however, in the event a defendant has once previously been convicted under this article, the defendant shall be fined an amount no less than two hundred dollars ($200.00) and shall be fined no less than three hundred dollars ($300.00) for a third conviction and for each conviction therefore [thereafter]. Each day a violation is permitted to exist shall constitute a separate offense.

(Ordinance 99-011, sec. 6.00, adopted 10/13/99)

If abatement to city code standards does not occur within the time period provided in this article, the city may cause the work necessary to abate the violation to be done at the owner’s expense. This remedy shall be in addition to the remedy provided in section 6.03.006.

Whenever the city shall abate a violation provided by this article, the code compliance director shall select a private contractor to cut the vegetation and/or clean the land to bring the lot or parcel into compliance.

A statement of the costs incurred by the city to bring the lot or parcel into compliance shall be mailed to the owner of such premises, if the owner and mailing address are known, and, if not known, may be published in a newspaper of general circulation in the city. The statement shall demand payment within thirty (30) days from the date of receipt or publication. If the statement has not been paid within such period, the mayor, the city’s health authority, or other official designated by the mayor may file a statement of expenses incurred with the county clerk stating the owner’s name, if known, and the legal description of the lot or parcel. The statement of expenses, or a certified copy of the statement, shall be prima facie proof of the expenses incurred. Such statement shall be and the city shall have a privileged lien for expenditures made and interest accruing at the rate of ten (10) percent on the amount due from the date incurred by the city. Such liens shall be inferior only to tax liens and liens for street improvements. The city may foreclose such lines in a proceeding brought in accordance with applicable law. The remedy allowed in this subsection shall not be the city’s sole remedy.

Although large trees are not covered hereby, it may be necessary at times to remove trees or parts thereof in order for the city crews or city contractors to effect entry of mowing or cleaning equipment of lots or parcels or portions of lots or parcels not meeting standards established in this article. In such cases trees or parts thereof may be removed only if there is not other reasonable way to effect such entry and only to the extent absolutely necessary to effect such entry; provided that no tree of six-inch diameter or greater at fifty-four (54) inches above the ground shall be removed without coordination or prior consent of the city’s arborist. The cost of this work shall be included in the cost charged to the owner.

(e)

The city may assess to the owner of such lot or parcel a charge for all work done or improvements made as is needed to bring and [the] lot or parcel into compliance with this city code, including an administrative expense of one hundred twenty-five dollars ($125.00), and cause the expense thereof to be assessed on the real estate, lot, or lots upon which such expense is incurred.

(Ordinance 99-011, sec. 7.00, adopted 10/13/99)

§ 6.03.008 Summary abatement.

All violations of section 6.03.004 occurring within one thousand (1,000) feet of public or private grammar school, middle school, or high school property lines are hereby declared to be public health and safety emergencies, and the city shall summarily abate these violations at the owner’s expense as provided in this article.

Notwithstanding any other provisions within this article, weeds within the location parameters enumerated in section 6.03.004 that have grown higher than forty-eight (48) inches and are an immediate danger to the health, life, or safety of any person may be abated by the city at the owner’s expense as provided in this article without prior notice to the owner of the lot or parcel.

No later than the tenth (10th) day after the abatement, the owner of the lot or parcel shall be notified in accordance with this article. The notice shall contain:

An identification, which is not required to be a legal description, of the lot or parcel;

A description of the code violations that occurred on the lot or parcel;

(3)

A statement that the city has abated the violation;

(4)

The date the city completed the abatement;

(5)

A statement that the owner will be charged for the expense involved as set out in this article, and, upon failure of the owner to pay the city for such expense, a lien may be fixed on the lot or parcel for the expense involved; and

(6)

An explanation of the lot or parcel owner’s right to request an administrative hearing about the abatement of the violation, and a statement of the necessary procedures and time deadlines to request such hearing.

(Ordinance 99-011, sec. 8.00, adopted 10/13/99)

§ 6.03.009 Award of bids for work.

The city may award any quantity of work under sections 6.03.007 and 6.03.008 of the city code to any person whose bid shall be accepted by the city commission as being the best for doing such work during a stipulated time, not exceeding one (1) year.

(Ordinance 99-011, sec. 9.00, adopted 10/13/99)

§ 6.03.010 Bees and wasps.

It shall be unlawful to have bees or wasps or to foster the existence of bees or wasps in private property within the corporate limits unless located in an approved honeybee colony.

Whenever the code enforcement officer discovers or receives information of the existence of bees or wasps in any lot or parcel that causes injury or damage to persons or property the code enforcement officer shall notify the lot or parcel owner in writing of the violation and give the owner ten days to remedy the situation.

To protect the general welfare of the community the city reserves the right to use city personnel or to hire a private contractor to remedy the situation that may cause injury or damage to persons or property if determined by the city’s police or fire chief that action must be taken immediately to protect the health and general welfare of the surrounding residents without notice in writing to the lot or parcel owner.