As used in this article, the following terms shall have the
respective meanings ascribed to them:
Any kind of business, mercantile, manufacturing plant, establishment,
blacksmith shop, foundry, slaughterhouse, or hog, cow, horse or any
other animal or the pen, stable or yard where same are kept, poultry
of any kind or houses and premises kept for same, and the specifications
of the above do not exclude any other thing or condition producing
or maintaining the effects or results of a nuisance prescribed herein.
Any thing or condition existing within the city or within
the area extending five thousand feet (5,000') outside and adjacent
to the city, which is per se or by reason of its use, maintenance,
location, occupation, operation, neglect or misuse offensive, injurious,
vexatious, annoying or unwholesome to the inhabitants of the city
or directly to one (1) or more of them, or detrimental to their health,
peace, comfort, convenience or to their home life, including the elements
constituting a nuisance prescribed by common law or the statutes of
this state.
(1990 Code, sec. 5.101)
It shall be unlawful for any person to so own, use, conduct,
control, maintain, operate or locate any thing or condition within
the city or within the area within five thousand feet (5,000') adjacent
thereto, whereby the same is then and there a nuisance per se, or
becomes or has become a nuisance.
(1990 Code, sec. 5.102)
The city sanitarian or any enforcement official is authorized
to inspect any property within the city limits at any reasonable time,
subject, however, to the restrictions against such inspection and
entry of private residence for health inspection as are provided for
in the laws of the state.
(1990 Code, sec. 5.103(a); Ordinance
adopting Code)
In the event that the officer charged with enforcement of this
article shall determine that a situation exists which immediately
affects 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 of this code to the owner or occupant
of the property upon which such condition exists, as may be deemed
appropriate and necessary. However, where a condition is not judged
to be an emergency or a matter requiring immediate attention, a notice
to correct a condition as described in this article shall be given
either by citation or in writing and may be served by handing it to
him or her in person, or by mail to such owner, occupant or person
in control of the premises at his or her respective post office address
or, if personal service cannot be had or the owner’s address
not be known, by publication at least one (1) time or by posting the
notice on or near the front door of each building on the property
to which the violation relates. If personal notice by letter may not
be had or such owner’s address is not known, notice by publication
or posting shall be sufficient. Notwithstanding the provisions of
this section providing for notice, proof that notice has actually
been given shall not be a prerequisite for prosecution under the terms
and provisions of this code. The notice may 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 date of the notice, the city, without further notice
to the owner, may correct the violation at the owner’s expense
and assess the expense against the property.
(Ordinance 05-054, sec. 1 (5.103(b)),
adopted 4/26/05)
Cumulative of the city’s remedy by fine, as set forth in the following section hereof, and provided the notice required by section 24.05.004 hereof has been given without response from the owner or if another violation of the same kind or nature occurs that poses a danger or risk to the public health or safety on or before the first anniversary date of the notice (unless the city has been notified in writing of a change in ownership of the premises) or the officer has determined the necessity of immediate action, the city may do such work or cause the same to be done to remedy such condition or remove such matter from such owner’s premises at the city’s expense and may charge the same to the account of the owners of such property and assess the same including administrative expenses against the real estate or lot or lots upon which such expense is incurred. Upon filing with the county clerk of a statement by the city sanitarian or his designee of such expenses, the city shall have a privileged lien upon said real estate or lot or lots, second only to tax liens for street improvements, to secure the expenditure so made and ten-percent interest on the amount from the date of such payment so made by the city. The city may 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.
(1990 Code, sec. 5.103(c))
(a)
Any individual, association or corporation violating any portion
or provision of this article shall be deemed guilty of a misdemeanor,
and upon conviction thereof a fine not to exceed $2,000.00 shall be
assessed. If the person has been previously convicted under this article,
an offense under this article is a misdemeanor to be punished by a
fine of not less than $100.00 and not to exceed $2,000.00.
(b)
If there is proof of the person being previously convicted twice
under this article, an offense under this article is a misdemeanor
to be punished by a fine of not less than $200.00 and not to exceed
$2,000.00.
(c)
If there is proof of the person being previously convicted three
times under this article, an offense under this article is a misdemeanor
to be punished by a fine of not less than $300.00 and not to exceed
$2,000.00.
(d)
If there is proof of the person being previously convicted four times
under this article, an offense under this article is a misdemeanor
to be punished by a fine of not less than $400.00 and not to exceed
$2,000.00.
(e)
If there is proof of the person being previously convicted five times
under this article, an offense under this article is a misdemeanor
to be punished by a fine of not less than $500.00 and not to exceed
$2,000.00.
(f)
A person who violates this article is guilty of a separate offense
for each day or part of day the violation is committed, continues,
or permitted.
(1990 Code, sec. 5.103(d))
