It shall be unlawful for the owner or occupant of any lot or
parcel of land within the city to fail to keep the property owned
by him free from stagnant water, weeds, tall grass, rubbish, garbage,
brush, trash, carrion or any other objectionable, unsafe, unsightly
or unsanitary matter of whatsoever nature, or to fail to keep the
sidewalks in front of his property free and clear from weeds and tall
grass from the line of such property to the established curbline or
established roadway next adjacent thereto. It shall likewise be unlawful
for the owner or occupant of any lot or parcel of land within the
city to fail to fill up, drain or regrade any lots, grounds or yards
or any property owned or occupied by him which shall be unwholesome
or have stagnant water therein, or which from any other cause is kept
in such condition as to be liable to produce disease, or to fail to
keep any house, building, establishment, lot, yard or ground owned
by him at all times free from unsafe or unhealthy conditions, filth,
carrion or impure or unwholesome matter of any kind.
(2007 Code, sec. 6.03.001)
[Methods for notification of a violation of this article 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.
(2007 Code, sec. 6.03.002)
After the proper giving of notice as hereinabove mentioned, the city may cause any of the work or improvements mentioned or required in section 12.03.001 hereof to be done initially at the expense of the city, on the account of the owner or occupant of the property on which such work or improvements are done, and cause all of the actual cost to the city to be assessed on the real estate or lot on account of which such expense is incurred; provided that the owner of any such real estate may appeal to the city council from any such order that such work be done, by filing a written statement with the city secretary within ten days after receipt of the notice provided for above, stating that such real estate complied with the provisions of section 12.03.001 hereof before the expiration of such ten-day period. The city council shall thereafter conduct a hearing to determine whether the real estate complied with the provisions of section 12.03.001 before the expiration of such ten-day period.
(2007 Code, sec. 6.03.003)
The mayor shall be authorized to issue any and all orders requiring compliance with section 12.03.001 hereof when he is aware or knows of any violation of said section and to issue notices of such order as hereinabove mentioned. The notice mentioned above may be a copy of the order with appropriate modifications to indicate addressees or persons to be notified.
(2007 Code, sec. 6.03.004)
In the event any of the work required to correct a situation mentioned in section 12.03.001 is done by, hired or contracted for by the city as herein provided for, the mayor shall cause a statement of the expense incurred in doing such work to be made out and certified to by him and filed with the county clerk, stating the description of the property upon which such work was done, the character of work done and the name of the owners of such property, whereupon the city shall have a privileged lien upon the land or premises upon which such work was done for the amount of such expenditure, second only to liens for lawful ad valorem taxes and liens for street improvements, together with interest on such amount at the rate of ten percent per annum from the date of payment of said amount by the city. For any such expenditures and interest, suit may be instituted and a personal judgment obtained against the owner or occupant of such property and recovery and foreclosure had in the name of the city against the owner of such property in any court having jurisdiction, and the statement of expenditures so made and filed or a certified copy thereof shall be prima facie proof of the amount of any such work or improvement.
(2007 Code, sec. 6.03.005)
The city shall have the right to award any quantity of work
to be performed under this article to a contractor whose bid shall
be accepted by the city council, or may hire out such work to be done
by the day or by the hour or may have the work done by employees of
the city or may have the work done in any other manner deemed expeditious.
(2007 Code, sec. 6.03.006)
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.
(2007 Code, sec. 6.03.007)
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.
(2007 Code, sec. 6.03.008)
Any person who is an owner or occupant of property herein indicated and who receives or is given notice as herein provided and who fails or refuses to take remedial action to cause such property not to be in violation of this article within ten days of such notice shall be deemed to have violated this article and shall be deemed to have committed a misdemeanor punishable by a fine in accordance with the general penalty in section 1.01.009 of this code, and each day that a violation is permitted to continue or exist shall constitute a separate offense.
(2007 Code, sec. 6.03.009)
