(a)
It
shall be unlawful for the owner, lessee, or occupant of any land,
tract, or parcel or any portion thereof, regardless of size, within
the corporate limits of the city, to fail to maintain said property
free of weeds, grass and undergrowth over twelve (12) inches tall,
or to fail to maintain said property free from household trash, garbage,
used building materials and supplies, used and/or discarded household
fixtures or appliances, toxic materials, stagnant water, dead animals,
brush piles, debris, rubbish, materials which constitute a fire hazard,
or any other matter which may be detrimental to the health, safety
and welfare of the citizens of the city (collectively referred to
as “objectionable materials” herein).
(b)
The
words “land,” “lot,” “tract” or
“parcel” (“lot or lots” or “property”
herein) shall include any area within the platted or described parcel
of land and extending to the curb line of an adjacent street where
a curb line has been established. Where no curb line has been established
the parcel shall extend to the edge of the pavement and if no pavement
to the center of the unpaved street. If the parcel is adjacent to
an alley the “land,” “lot,” “tract”
or “parcel” shall extend to the center of the alley.
(Ordinance 09-19-11, sec. 1, adopted 9/19/11)
(a)
Should
any owner of any lot or lots within the city allow any objectionable
materials, including but not limited to weeds, rubbish, brush, or
any other unsightly, objectionable or unsanitary matter, to remain
upon his property, in violation of this article, following seven (7)
days’ notice of a violation, the city may:
(b)
Notice
shall be given:
(1)
Personally to the owner in writing;
(2)
By letter, mailed by certified mail return receipt requested, addressed
to the owner at the owner’s post office address as recorded
in the appraisal district records of the Gaines County Appraisal District;
or
(3)
If personal service cannot be obtained or the owner’s post
office address is unknown:
(A)
By publication at least once in a newspaper of general circulation
within the city; and
(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 buildings.
(c)
If a notice to an owner is mailed in accordance with this section or section 7.02.003 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)
The
notice of violation shall at a minimum contain the following:
(1)
The name of the owner, if known, of the property proposed to be entered
upon by the city;
(2)
The address, identification or legal description of the property
to be entered upon by city;
(3)
The offending conditions existing on the property;
(4)
A statement that the recipient has seven (7) days from the date of
the receipt of the notice of the notice [sic] to correct the violation,
that if he or she fails to do so, the city will enter upon the property
and remedy the same, and that the city is entitled to attach a lien
to the property to secure payment for the services rendered; and
(5)
A statement that the recipient is entitled to a hearing before the
municipal judge if requested in writing in the office of the city
secretary within seven (7) days of receipt of the notice.
(Ordinance 09-19-11, sec. 2, adopted 9/19/11; Ordinance adopting Code)
(a)
The city, in the notice of violation provided in section 7.02.002, may inform the owner that, if another violation of the same kind or nature that poses a public nuisance occurs on or before the first anniversary date of the date of the notice, the city, without further notice, may correct the violation at the owner’s expense and assess the expense against the property.
(c)
If
notice under this section is given by mail it shall be accompanied
by a posting on the lot or lots.
(Ordinance 09-19-11, sec. 3, adopted 9/19/11)
Upon receipt of notice as required above, the owner may, within
seven (7) days, make a written request for a hearing before the municipal
judge to appear and show cause why the alleged nuisance should not
be abated. If a timely request for hearing is received, the municipal
judge shall hold a hearing within ten (10) days of the request. The
purpose of the hearing shall be to determine whether the property
is in violation of this article and whether it should be abated. Following
completion of the hearing, the municipal judge may issue such orders
regarding the property as it, in the council’s sole discretion,
deems appropriate under the circumstances. Within ten (10) days of
the judge's decision, the owner may appeal the decision to the city
council.
(Ordinance 09-19-11, sec. 4, adopted 9/19/11; Ordinance adopting Code)
(b)
Not later than the 10th day after the date the city abates weeds under this section, notice shall be given to the property owner in the manner required by section 7.02.002.
(c)
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 municipality abated the weeds; and
(4)
An explanation of the property owner’s right to request an
administrative hearing about the municipality’s abatement of
the weeds before the municipal judge.
(d)
The
municipal judge shall conduct the 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 with the city
secretary a written request for a hearing.
(e)
The
administrative hearing conducted under this section shall be conducted
not later than the twentieth (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 municipality’s abatement
of the weeds.
(Ordinance 09-19-11, sec. 5, adopted 9/19/11; Ordinance adopting Code)
The mayor or municipal official designated by the mayor shall file a statement of expenses incurred under section 7.02.002 or 7.02.005 with the county clerk. The lien statement shall state the name of the owner, if known, the legal description of the property, a description of the work performed and the amounts claimed. The lien attaches upon the filing of the lien statement with the county clerk. The lien shall accrue interest at a rate of ten percent (10%) per annum from the date the city pays for the work or improvements. The lien is inferior only to tax liens and liens for street improvements. The city may bring a suit for foreclosure to recover the expenditures and interest due. The statement of expenses or a certified copy of the statement is prima facie proof of the expenses incurred by the municipality in doing the work or making the improvements.
(Ordinance 09-19-11, sec. 6, adopted 9/19/11)
In the event the owner of any lot or lots requests that the
city do whatever work is necessary to in order to abate or prevent
a violation of this article, than such request will negate the requirement
for notification of violation by the city and the city will have the
same remedies as set forth herein.
(Ordinance 09-19-11, sec. 7, adopted 9/19/11)
The city may, but is not required to, send a courtesy notice of violation of this article before sending out a formal notice of violation as set forth in sections 7.02.002 and 7.02.003 above.
(Ordinance 09-19-11, sec. 8, adopted 9/19/11)
In addition to the other remedies contained in this article, any person, firm or individual who shall violate any of the provisions of this article shall be guilty of a misdemeanor, and upon conviction shall be fined in accordance with the general penalty provided in section 1.01.009. Each and every day the violation continues shall constitute a separate and distinct offense.
(Ordinance 09-19-11, sec. 7, adopted 9/19/11; Ordinance adopting Code)
