It shall be unlawful for the owner of any lot within the city
to keep and maintain the same in such a way that stagnant water shall
collect thereon or that filth, carrion or other impure or unwholesome
matter of any kind shall be and remain thereon or from any other cause
be in such condition as to be liable to produce disease.
(1990 Code, sec. 4.601)
In connection with the administration and enforcement of the
provisions of this article, the city sanitarian or any enforcement
official shall have the power and authority to:
(1) Require the filling up, drainage, and regulating of any lot, grounds
or yard, or any other place in the city which shall be unwholesome
or have stagnant water thereon, or from any other cause be in such
condition as to be liable to produce disease;
(2) Go upon any premises whereon it is suspected that stagnant water
has collected and to inspect such premises to discover whether or
not such premises have thereon stagnant water, filth, carrion or any
other impure or unwholesome matter of any kind; and
(3) Do and perform any other act or thing reasonably necessary to enforce
compliance with the provisions of this article.
(1990 Code, sec. 4.602; Ordinance 05-054, sec. 1 (4.602), adopted 4/26/05; Ordinance adopting Code)
Should the city sanitarian or any enforcement official upon
inspection of any premises within the city find such premises to be
in violation of the aforementioned provisions of this article, it
shall be his or her duty and he or she shall herewith be empowered
to:
(1) Require such reasonable filling up, drainage, regulation, cleaning,
disinfecting, cleansing, removal, mowing or generally cleaning up
as may, in his or her sole discretion, be necessary in order to clean,
cleanse, disinfect and remove from such premises such matter;
(2) Require the owner of any lot within the city to keep the same free
from weeds, rubbish, brush and any objectionable, unsightly or unsanitary
matter of whatever nature; and
(3) Make such reasonable regulations and requirements of such owners
as may be necessary to remove and abate such condition.
(1990 Code, sec. 4.603; Ordinance 05-054, sec. 1 (4.603), adopted 4/26/05; Ordinance adopting Code)
Whenever the city sanitarian or enforcement official finds the existence of such condition as described in section
24.06.003, he or she shall immediately give notice to the owner, occupant, or person in control of the property of the existence of such condition by citation 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. If personal service cannot be had or the owner’s address not be known, the notice must be served 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 or by posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates. 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 of the date of the notice, the city without further notice may correct the violation at the owner’s expense and assess the expense against the property. If after such notice, either in person, by letter, by publication or by posting, such owner fails and refuses to abate such condition within seven (7) days after such notice is complete, 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 of the date of the notice (unless the city has been notified in writing by the owner of a change in ownership of the premises), then the city may do such work or may cause the same to be done and may pay therefor and charge the expense incurred in doing or having such work done or improvements made to the owner of the property the expense thereof to be assessed on the real estate, or lot or lots upon which such expense is incurred. In such event the mayor or city sanitarian shall immediately file with the county clerk a statement in writing showing the expenditure made, the owner of the property, and the legal description of the property upon which such expenditure was made, and the city shall thereafter have a privileged lien thereon, second only to tax liens and liens for street improvements to secure the expenditure so made and ten percent (10%) interest on the amount from the date of such payment. For any such expenditures, and interest, as aforesaid, suit may be instituted and foreclosure had in the name of the city; and the statement so made, as aforesaid, or certified copy thereof, shall be prima facie proof of the amount expended in any such work or improvement.
(Ordinance 05-054, sec. 1 (4.604),
adopted 4/26/05; Ordinance adopting
Code)
The city sanitarian or any enforcement official may secure and
execute search warrants for the inspection of premises to determine
violations of building or health statutes or ordinances and unsafe
buildings.
(Ordinance 05-054, sec. 1 (4.605),
adopted 4/26/05; Ordinance adopting
Code)