It shall be unlawful and an offense for the owner occupant, or person in charge of any lot or premises in the city to allow, suffer, or permit weeds or grass in excess of eight inches (8") in height to grow thereon, or to permit rubbish, brush, or other objectionable, unsightly or unsanitary matter whatsoever to be, grow, accumulate or remain on any lot or premises in the city.
(1996 Code, sec. 6.201)
When any condition described in section 6.05.001 above is found to exist on any lot or premises within the city, such condition shall constitute a nuisance, and the owner, occupant or person in charge of such lot or premises shall be notified in writing to correct, remedy or remove such condition within seven (7) days after notice is given to such owner, occupant or person in charge, in person, by certified mail, return receipt requested, or by publication in the city’s official newspaper, 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, if the property contains no buildings, if actual or mailed notice cannot be accomplished. Requirement of a seven-day official notification in this section is met and fulfilled when such notice has been given in writing as aforesaid at least one time in any calendar year to such owner, occupant or person in charge of such lot or premises upon which there exists such nuisance in violation of this article.
(1996 Code, sec. 6.202; Ordinance adopting Code)
In the event the owner, occupant or person in charge of any lot or premises upon which a condition described in section 6.05.001 above exists does not comply with such notice and fails or refuses to correct the condition so as to remove the nuisance described above, the city may, after having given notice personally to the owner in writing by letter addressed to the owner at the owner’s post office address or by publication at least twice within ten (10) consecutive days if personal service cannot be obtained or the owner’s post office address is unknown, do the work or make the improvements required so as to eliminate the nuisance condition on the lot or premises and pay for the work done or improvements made and charge the expenses to the owner of the property. The doing of such work by the city shall not relieve the owner, occupant or person in charge of said lot or premises from prosecution for failure to comply with the requirements of this article, and such additional notice of intent to perform the work by the city shall not be a prerequisite to prosecution for maintaining such nuisance condition.
(1996 Code, sec. 6.203)
Whenever any work is done by the city under the provisions of this article, the city council may assess expenses incurred against the real estate on which the work is done or improvements made. The mayor, health officer or other city official designated by the mayor shall file a statement of expenses with the county clerk stating the amount of such expenses, the name of the owner of such lot, a legal description of such lot or premises and the date or dates on which such work was performed. The statement of expenses shall be acknowledged and placed in such form as will permit it to be recorded in the real property records of the county.
(1996 Code, sec. 6.204)
The statement of expenses filed pursuant to section 6.05.004 above is security for the expenditures made and the interest accruing thereon at the rate of ten (10) percent per annum from the date of payment by the city until paid. The lien for collection of expenses is inferior only to tax liens and liens for street improvements. The city council may authorize the bringing of suit for foreclosure in the name of the city to recover the expenditures and interest due. The statement of expenses or a certified copy thereof is prima facie proof of the expenses incurred by the city in doing the work or making the improvements. The remedies provided in this section shall be in addition to the remedy of prosecution in municipal court for violation of section 6.05.001 above.
(1996 Code, sec. 6.205)