The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Occupant.
A person who resides on, holds possession of, or occupies property in the city.
Owner.
In addition to the legal owner of such property, any person, firm, association or corporation in charge of, having control of or having the right of control of any property within the city, including tenants, lessees and occupants, except where specifically stated otherwise. The term “owner” shall also include any mortgage company or other mortgagee who, by foreclosure or other operation of law, has acquired any legal or equitable right in and to property.
Parkway.
That property adjacent to the property of any owner extending from the owner’s property line to the curbline of any street, roadway or alley where curbs exist, or, extending to the edge of the driving portion of any street, roadway or alley where there are no curbs, including adjacent drainage ditches and easements derived from the owner’s servient estate.
Property.
Any lot, parcel or tract of land within the corporate limits of the city.
(Ordinance 2005-05, sec. 1.00, adopted 6/13/05; 2007 Code, sec. 34-52)
The owner or occupant of any property within the territorial limits of the city, whether the same be occupied or unoccupied, shall keep such property and adjacent parkway free of any of the following conditions which hereby constitute nuisances and offensive conditions:
(1) 
Stagnant water;
(2) 
Accumulations of trash, garbage, or debris including solid waste consisting of dirt, concrete, rocks, bricks, or other similar construction or building waste materials;
(3) 
Filth, carrion, or other impure or unwholesome matter;
(4) 
Grass, weeds and vegetation growing to a height of more than 12 inches within 25 feet of any building or structure (including dwellings and barns), lot or property lines, and the edge of roadways, whether paved or unpaved, adjacent to the property, excepting regularly cultivated crops, plants and landscaping materials not growing within a public right-of-way;
(5) 
Rubbish, brush, and other objectionable, unsightly, or unsanitary matter;
(6) 
Keeping, harboring or maintaining more than one horse or cow, or more than three goats or sheep, on each full acre of real property;
(7) 
Any other condition found by the city’s building inspector, code enforcement officer, health officer, the county health officer, state health officer, or other authorized person to be unsanitary or unwholesome or a condition that may produce disease; and
(8) 
Accumulations of trees, brush, grass, leaves, branch trimmings or other plant growth when such materials are generated, in whole or in part, off-site of the property where accumulated.
(Ordinance 2005-05, sec. 1.01, adopted 6/13/05; 2007 Code, sec. 34-53; Ordinance 2015-16 adopted 9/22/15; Ordinance 2016-04 adopted 3/22/16)
(a) 
Discovery; issuance of notice.
When any duly authorized officer of the city discovers property in the city which is being maintained in violation of any of the provisions of this article, he shall issue and serve a notice of such as follows:
(1) 
Delivered personally to the owner or occupant in writing;
(2) 
By letter addressed to the owner or occupant at the owner’s or occupant’s post office address, last known address, or property address where the violation exists; or
(3) 
If personal service cannot be obtained or the owner’s or occupant’s post office address is unknown:
(A) 
By publication in the city’s official newspaper at least twice within ten consecutive days;
(B) 
By posting the notice on or near the front door of each building on the property to which the violation relates; or
(C) 
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 building.
(b) 
Noncompliance with notice; action of city.
If the owner or occupant of the property does not comply with the notice and this article within ten days of notice of the violation given as stated in subsection (a) of this section, the city may, on written request, with good cause demonstrated, grant up to 21 additional days for correction of the violation, or may:
(1) 
Issue a citation charging such owner or occupant with a violation of this article;
(2) 
Do the work or make the improvements required; and
(3) 
Pay for the work done or improvements made and charge the expenses to the owner of the property.
(c) 
Assessment of expenses.
The city may assess expenses incurred under this section against the real estate on which the work is done or improvements made in accordance with the provisions of section 6.02.004.
(d) 
Occurrence of other violations.
The notice of violation described in subsection (a) of this section may inform the owner or occupant by certified mail, return receipt requested, that if the owner or occupant 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 may, without further notice, correct the violation at the owner’s or occupant’s expense and assess the expense against the property. If such violation occurs within the one-year period set forth in the notice and the owner or occupant has failed to notify the city of a change in ownership, then the city may without further notice proceed with enforcement, correction and assessment as provided for herein.
(Ordinance 2005-05, sec. 1.02, adopted 6/13/05; 2007 Code, sec. 34-54)
(a) 
To obtain a lien against the property, the mayor or his designee, including any other designated city official, must file a statement of expenses with the county clerk. The statement of expenses must identify the name of the owner, if known, and the legal description of the property.
(b) 
The lien obtained by the city is security for the expenditures made and interest accruing at the rate of ten percent per annum on the amount due from the date of payment by the city for the work done or improvements made.
(c) 
The lien is inferior only to tax liens and liens for street improvements.
(d) 
The city may authorize a suit for foreclosure in the name of the city to recover the expenditures and interest due.
(e) 
The statement of expenses or a certified copy of the statement is prima facie proof of the expenses incurred by the city in doing the work or making the improvements.
(f) 
The remedy provided in this section is in addition to any fine that may be imposed for a violation of this article and is cumulative of and in addition to any other remedies that may be provided for by the ordinances of the city or other law, whether civil or criminal.
(Ordinance 2005-05, sec. 1.03, adopted 6/13/05; 2007 Code, sec. 34-55)
(a) 
The city may abate, without notice, weeds or other vegetation that have grown to a height of more than 48 inches and that constitute an immediate danger to the health, life, or safety of any person.
(b) 
Not later than the tenth day after the date the city abates vegetation under this section, the mayor or designee or other duly authorized official of the city shall give notice to the property owner in the manner required by section 6.02.003. The notice shall contain:
(1) 
An identification, which is not required to be a legal description, of the property;
(2) 
A description of the violations of this article that occurred on the property;
(3) 
A statement that the city abated the weeds or vegetation; and
(4) 
An explanation of the property owner’s right to request an administrative hearing about the city’s abatement of the weeds.
(c) 
The city council shall conduct an administrative hearing on the abatement under this section if, not later than the 30th day after the date of the abatement of the weeds, the property owner files with the city a written request for a hearing.
(d) 
An administrative hearing conducted under this section shall be conducted not later than the 20th day after the date a request for a hearing is filed. 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 as it assesses expenses and creates liens under section 6.02.004. A lien created under this section is subject to the same conditions as a lien created under section 6.02.004.
(f) 
The authority provided for in this section is in addition to the authority provided for in sections 6.02.003 and 6.02.004.
(Ordinance 2005-05, sec. 1.04, adopted 6/13/05; 2007 Code, sec. 34-56)
Notwithstanding any other provision of the ordinances of the city or of this article, any person violating any of the provisions of this article shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the city, shall be subject to a fine not to exceed the sum of $2,000.00 for each offense; except, however, where a different penalty has been established by state law for such offense, the penalty shall be that fixed by state law. Each and every day said violation is continued shall constitute a separate offense. The remedies provided for herein shall not be exclusive but shall be cumulative of and in addition to each other and of any other remedies which may be provided for by law, whether civil or criminal.
(Ordinance 2005-05, sec. 1.05, adopted 6/13/05; 2007 Code, sec. 34-57)