The terms and provisions hereof shall apply to stagnant water and to the accumulation and storage of any solid waste, including garbage and trash, and to the growth, accumulation, cutting and storage of grass, weeds and any other vegetative material upon property in the city, to the end that property shall be maintained in a sanitary and healthful condition for the benefit of all residents of the community.
(Ordinance 552, sec. 1.2, adopted 6/14/94)
The following definitions shall apply in the interpretation and enforcement of this article:
Brush.
All uncultivated shrubs, bushes and small trees.
Earth and construction materials.
Earth, rocks, bricks, concrete, other similar materials and waste materials resulting from construction or remodeling.
Garbage.
Rubbish, trash, kitchen and household waste, ashes, bottles, cans, rags, paper, food, food containers, lawn trimmings, tree trimmings, hedge trimmings, leaves, grass, weeds and refuse, and all decayable wastes, including animal and vegetable matter, but not including sewage, hazardous, toxic or corrosive materials, earth and construction materials as herein [defined], or any other material which may be found to be harmful to garbage collection and handling personnel or equipment.
Injure.
Any and all character of physical damage, whether caused by fire or force, and which shall be done or caused willfully by any person.
Junk.
All worn-out, worthless and discarded material in general, including, but not limited to, odds and ends, old iron or other metal, glass, paper, cordage or other waste or discarded materials.
Lot.
In addition to land within the boundaries of the property lines, all land adjacent to and extending beyond the property lines of any lot or parcel of land to the curblines of adjacent streets where curblines have been established, or, where no curblines have been established, to eight (8) feet beyond the property lines.
Refuse.
See “Garbage.”
Rubbish.
All refuse, rejected tin cans, old vessels of all sorts, useless articles, abandoned pipe, discarded clothing and textiles of all sorts, and in general all litter. The words “any and all objectionable or unsanitary matter,” not included within the meaning of the other terms as herein used, mean those which are liable to produce or tend to produce an unhealthy, unwholesome or unsanitary condition to the general locality where the same are situated.
Solid waste.
Household garbage and refuse and commercial garbage and refuse, brush cuttings and weeds.
Trash.
See “Garbage.”
Unwholesome matter.
All stagnant water, filth, carrion, impure matter and any condition liable to produce disease.
Weeds.
All rank and uncultivated vegetable growth or matter which is liable to become an unwholesome or decaying mass or breeding place for flies, mosquitoes or vermin.
(Ordinance 552, sec. 1.3, adopted 6/14/94)
Any person convicted of violating the terms and provisions of this article shall be fined not less than $25.00 nor more than $200.00 for such offense, and each day that such offense is maintained shall be a separate offense.
(Ordinance 552, sec. 3.1, adopted 6/14/94)
It shall be unlawful for an owner, occupant, lessee or renter of any lot or parcel of ground within the city to fail to keep the property free from brush, earth and construction materials, garbage, junk, refuse, rubbish, solid waste, trash, weeds, unwholesome matter and any other objectionable, unsightly, or unsanitary matter of whatsoever nature, or to fail to keep the sidewalks in front of the property free and clear from weeds and tall grass from the line of such property to the established curbline next adjacent thereto, or to fail to fill up and drain holes and depressions in which water collects, or to regrade any lots, grounds or yards or any other property owned or controlled by the owner, occupant, lessee, or renter which shall be unwholesome or have stagnant water thereon, or which from any other cause is in such condition as to be liable to produce disease, or to fail to keep any house, building, establishment, lot, yard or ground owned or occupied or under his or her control at all times free from filth or impure or unwholesome matter of any kind.
(Ordinance 552, sec. 2.1, adopted 6/14/94)
Whenever brush, earth and construction materials, garbage, junk, refuse, rubbish, solid waste, trash, weeds, unwholesome matter and any other objectionable, unsightly, or unsanitary matter of whatsoever nature shall exist, covering or partially covering the surface of any lot or parcel of any real estate situated within the city, or when any of said lots or parcels of real estate as aforesaid shall have the surface thereof filled or partly filled with holes or be in such condition that the same holds or is liable to hold stagnant water therein, or if from any other cause shall be in such condition as to cause disease, or produce, harbor or spread disease germs of any nature, or tend to render the surrounding atmosphere unhealthy, unwholesome or obnoxious, or shall contain unwholesome matter of any kind or description, the same is hereby declared to constitute a public nuisance, the prompt abatement of which is hereby declared to be a public necessity. Any such nuisance shall be removed from the property by the owner or other person in possession or control of such property.
(Ordinance 552, sec. 2.2, adopted 6/14/94)
The city secretary, or the designee of the city secretary or the mayor, 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 residences for health inspection as are provided for in the laws of the state.
(Ordinance 552, sec. 2.3, adopted 6/14/94)
(a) 
In the event 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 hereof, to the owner or occupant of the property upon which such condition exists, as may be deemed appropriate and necessary.
(b) 
In the event the officer charged with enforcement of this article determines a situation constitutes an immediate threat to the public health, safety and welfare, and the owner or occupant of the property is absent or fails to immediately remedy the violation, the city council may, at a regular session or at an emergency session called for the purpose of considering the issue, upon evidence heard, determine that an emergency exists and order such action as may be required to protect the public health, safety and welfare. In such event, the city may prosecute an action in any court of competent jurisdiction to recover its costs.
(c) 
In the event any owner or occupant shall fail or refuse to remedy any of the conditions prohibited by section 6.02.004 of this article within seven (7) days after notice to do so, the city may do such work or cause the same to be done, and pay therefor, and charge the expenses in doing or having such work done or improvements made to the owners of the property, whereupon such charge shall be a personal liability of such owner to the city. A written notice shall be given:
(1) 
Personally to the owner in writing;
(2) 
By letter addressed to the owner at the owner’s address as recorded in the appraisal district’s records; or
(3) 
If personal service cannot be obtained, notice may be given by:
(A) 
Publication at least once;
(B) 
Posting the notice on or near the front door of each building on the property to which the violation relates; or
(C) 
Posting the 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.
(4) 
If a municipality mails a notice to a property owner in accordance with this subsection 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.
(d) 
Annual notice.
After a property owner has been given one (1) notice of violation on a lot, tract, or parcel of land, annual notice may be given to the property owner. If the city opts to provide annual notice, such notice shall be mailed to the owner at the address recorded with the appraisal district and posted on the property. Once the city has given such annual notice, no further notice shall be required prior to abatement for that lot, tract, or parcel of land for a one-year period. If the city does not receive notice in a change of ownership, the city may abate any nuisance contained on the property covered by this article without further notice and assess expenses to the owner.
(Ordinance 552, sec. 2.4, adopted 6/14/94; Ordinance adopting Code)
In addition to the remedy provided in section 6.02.007 and cumulative thereto, the city secretary, after giving to the owner of the property ten (10) days’ personal notice in writing, or by notice sent by registered United States mail addressed to such owner at his or her post office address, or by publication two (2) times within ten (10) consecutive days in the official newspaper of the city if the owner’s address or whereabouts be not known, may cause any of the work or improvements mentioned in sections 6.02.004, 6.02.005 and 6.02.007 to be done at the expense of the city, on the account of the owner 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 expenses occurred; provided that the owner of any such real estate may appeal to the city council from the order of the city secretary by filing a written statement with the city secretary within ten (10) days after receipt of the notice provided for above, stating that such real estate complied with the provisions of section 6.02.004 before the expiration of a ten-day period. The city council shall set a date, within thirty (30) days from the date of the appeal, for a hearing upon such appeal to determine whether the real estate complied with the provisions of section 6.02.004 before the expiration of such ten-day period. The authority of the city secretary to proceed to cause such work to be done shall not be suspended while an appeal from the order is pending, but if it shall be determined by the city council that the premises complied with the provisions of section 6.02.004 before the expiration of such ten-day period then no personal liability of the owner shall arise nor shall any lien be created against the premises upon which such work was done.
(Ordinance 552, sec. 2.5, adopted 6/14/94)
Cumulative of the city’s remedy by fine, as set forth in this article, the city may do such work or cause the same to be done to remedy such condition or to 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 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 secretary or designee of such expenses, the city shall have a privileged lien upon said real estate or lot or lots, second only to tax liens and liens for street improvements, to secure the expenditure so made and ten (10) 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 any condition or remove any matter.
(Ordinance 552, sec. 2.6, adopted 6/14/94)
It shall be unlawful for any person who shall own or occupy any lot or lots in the city to allow weeds and/or grass to grow on such lot or lots to a height of more than twelve (12) inches. Weeds and/or grass of a height exceeding twelve (12) inches are declared a nuisance. Provided, however, this section shall not apply to property used for the growing of agricultural crops or grass if such property has not been plotted into lots.
(Ordinance 552, sec. 2.7, adopted 6/14/94)
(a) 
Notwithstanding any of the foregoing sections, the city may abate, without notification, weeds that:
(1) 
Have grown higher than forty-eight (48) inches; and
(2) 
Are an immediate danger to the health, life, or safety of any person.
(b) 
The city must give notice, in the manner provided in section 6.02.007, to the property owner no later than the tenth (10th) day after the date the city abates weeds under this section. The notification shall contain:
(1) 
An identification, which is not required to be a legal description, of the property;
(2) 
A description of the violation of this article that occurred on the property;
(3) 
A statement that the city abated the weeds; and
(4) 
An explanation of the property owner’s rights to request an administrative hearing regarding the city’s abatement of the weeds.
(c) 
The city shall conduct an administrative hearing on the abatement of weeds under this section if, not later than the thirtieth (30th) day after the date of the abatement of the weeds, the owner files a written request for a hearing with the city.
(d) 
The city shall conduct the administrative hearing not later than the twentieth (20th) day after the date a request for hearing is filed. At the administrative hearing, the owner may testify or present any witnesses or written information relating to the city’s abatement of the weeds.
(e) 
The city may assess expenses and create liens under this section in the same manner and subject to the same conditions as set forth in section 6.02.009 above.
(f) 
The authority granted the city by this section is in addition to the authority granted by section 6.02.007.
(Ordinance adopting Code)
Any person or persons who shall allow or permit sewage to discharge into the ground or subsurface soil, which shall have the effect of causing odors or obnoxious, unhealthy and unwholesome conditions to exist, is declared to have caused a public nuisance and shall be in violation of this article.
(Ordinance 552, sec. 2.8, adopted 6/14/94)