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:
Garbage.
All putrescible wastes, except sewage and body wastes, including meat, vegetable and fruit refuse.
Junk.
Includes motor vehicle bodies or parts, old appliances, and discarded household items.
Refuse.
All solid wastes, including garbage or rubbish.
Rubbish.
Tin cans, bottles, paper, tree limbs, boards, wood scraps, waste building materials, and junk.
(Ordinance 76-3, sec. 1, adopted 8/26/76; 2007 Code, sec. 34-88)
It shall be unlawful for any person, in person or by agent, employee or servant, to deposit in any manner in or upon any public way or other public place in the city or any river, canal, public water, drain, or receiving basin within the jurisdiction of the city any garbage, refuse, rubbish or junk. Nor shall any person deposit any of the forementioned items anywhere within the jurisdiction of the city in such a manner that it may be carried or deposited in whole or in part, by the action of the sun, wind, rain or snow, into or to any of the forementioned public places or any private premises other than his own.
(Ordinance 76-3, sec. 2, adopted 8/26/76; 2007 Code, sec. 34-89)
(a) 
It shall be unlawful for any person, firm or corporation to deposit, throw or sweep any garbage, trash, rubbish, stagnant water or dead animals into, upon or along any drain, gutter, alley, sidewalk, street, vacant lot, public premises or private premises within the corporate limits of the city.
(b) 
It shall be unlawful for any person, firm or corporation owning, occupying or controlling any premises within the corporate limits of the city to permit garbage, trash, rubbish, stagnant water or dead animals to accumulate upon property owned, occupied or controlled by him or her.
(c) 
It shall be unlawful for any person, firm or corporation owning, occupying or controlling any property that abuts or joins any paved street in the corporate limits of the city, to allow or permit any garbage, rubbish or trash to accumulate or remain on any part of the sidewalk abutting or adjacent to the premises owned, occupied or controlled by such person, firm or corporation.
(d) 
It shall be unlawful for any person, firm or corporation who has occupied a portion of a street for construction purposes to leave any rubbish in the street after completion of the construction project.
(Ordinance 2020-05 adopted 5/23/20; Ordinance 2020-07 adopted 6/23/20)
Heavy accumulations of brick, concrete, lumber, cinders, automobile frames, trees, shrubbery, large dead animals, industrial waste, industrial byproducts and other bulky materials shall be disposed of by the person, firm or corporation owning, occupying or controlling the property upon which such heavy accumulations exist.
(Ordinance 2020-05 adopted 5/23/20; Ordinance 2020-07 adopted 6/23/20)
(a) 
Rock, waste, building materials and other trash and rubbish resulting from building and construction operations shall be removed by the builder, owner, occupant or person in control of the building at his or her own expense.
(b) 
A minimum of one portable toilet facility shall be installed at each building site prior to the commencement of construction and shall not be removed until construction is completed.
(Ordinance 2020-05 adopted 5/23/20; Ordinance 2020-07 adopted 6/23/20)
(a) 
No person shall deposit or permit the deposit of mud, dirt, or similar matter, upon any street or alley in the city.
(b) 
No person shall operate or drive a motor vehicle, or equipment, in a manner to cause mud, dirt and other similar matter to be tracked, dropped or otherwise deposited upon public streets or alleys in the city.
(c) 
Upon discovery of the mud upon the public street, the building official or his or her delegated representative, shall orally notify the owner of the property and/or the operator of the motor vehicle, if know, to remove the mud. The owner of the property and/or operator of the motor vehicle or equipment shall have 24 hours after the notification to clean the street of the deposited mud, dirt, or similar matter.
(Ordinance 2020-05 adopted 5/23/20; Ordinance 2020-07 adopted 6/23/20)
(a) 
With the exception of section 8.04.005 above, any person, firm or corporation owning, occupying or controlling any real property, occupied or unoccupied, within the corporate limits of the city who fails to comply with the provisions of this chapter, shall be given ten-days’ notice by the city secretary or other authorized officer or agent of the city to comply with the provisions of this chapter.
(b) 
The notice shall be in writing and may be served on the owner or person in control of the premises by:
(1) 
Delivery in person;
(2) 
United States certified mail, return receipt requested, addressed to the owner, occupant or person in control at his or her post office address; or
(3) 
Publication two times within ten consecutive days in an official newspaper of the city, if personal service may not be had as aforesaid.
(c) 
Failure of the owner, occupant or person in control of the premises to comply with this chapter within the ten-day time period after any such notice will constitute prima facie evidence of a violation thereof.
(Ordinance 2020-05 adopted 5/23/20; Ordinance 2020-07 adopted 6/23/20)
(a) 
If any person, firm or corporation fails or refuses to comply with the provisions of this chapter after having been notified pursuant to section 8.04.007 above, the city secretary or other authorized officer or agent of the city may go upon such property and do or cause to be done the work necessary to obtain compliance with this chapter.
(b) 
(1) 
The expense incurred pursuant to sections 8.04.006 and 8.04.007 above in correcting the condition of the property and the cost of publishing notice in the newspaper shall be paid by the city and charged to the person, firm or corporation who owns, occupies or controls the property involved.
(2) 
In the event such person, firm or corporation fails or refuses to pay the expense within 30 days after the first day of the month following the one in which the work was done, the city shall file with the county clerk a statement, signed by the Mayor, of the expenses incurred in correcting the condition of the property.
(3) 
When the statement is filed, the city shall have a privileged lien on the property, second only to tax liens and liens for street improvements, to secure the payment of the amount so expended.
(4) 
The amount shall bear interest at the rate of 10% per annum from the day the city incurs the expense.
(5) 
For any such expenditures and interest, suit may be instituted, and recovery and foreclosure had by the city.
(6) 
The statement of expense filed with the county clerk, or a certified copy thereof, shall be prima facie proof of the amount expended in the work.
(Ordinance 2020-05 adopted 5/23/20; Ordinance 2020-07 adopted 6/23/20)
No person, except one who has contracted with the city for such privilege, may use the public streets, alleys and thoroughfares within the corporate limits of the city for the purpose of engaging in the business of collecting and disposing of garbage and solid waste generated by residences and businesses in the city.
(Ordinance 2020-05 adopted 5/23/20; Ordinance 2020-07 adopted 6/23/20)
It shall be unlawful for any person, firm or corporation to maintain or cause to be maintained any garbage disposal grounds or garbage dumping ground within the corporate limits of the city.
(Ordinance 2020-05 adopted 5/23/20; Ordinance 2020-07 adopted 6/23/20)
(a) 
It shall be unlawful for any person while driving or passenger in a vehicle to throw or deposit trash, garbage or rubbish of any kind upon any street, street right-of-way or other public place within the city of or upon private property.
(b) 
Any person who drops or permits to be dropped or thrown upon any street any trash, rubbish or injurious metal shall immediately remove the same or cause it to be removed.
(Ordinance 2020-05 adopted 5/23/20; Ordinance 2020-07 adopted 6/23/20)
It shall be unlawful for any person to drive or move any truck or other vehicle within the city, unless the vehicle is so constructed or loaded so as to prevent any load contents, including trash, rubbish or garbage from being blown or deposited upon any street, street right-of-way, alley or any other public or private property within the city.
(Ordinance 2020-05 adopted 5/23/20; Ordinance 2020-07 adopted 6/23/20)