(a)
It shall be unlawful for any person owning, leasing, claiming, occupying,
or having supervision or control of any real property, occupied or
unoccupied, improved or unimproved, within the corporate limits of
the city, to permit or allow portable-type equipment that includes
but is not limited to basketball backboards or hoops, portable play
set, ball nets, bicycle ramps and skateboard ramps from being placed
in the street that interferes with or causes an obstruction to motorists
using the roadway except within the end of a local street cul-de-sac.
(b)
Keep the basketball rim behind the back of the curb or prevailing
edge of the street if there is no curb.
(c)
Portable recreational equipment shall be deemed to interfere with
or cause an obstruction to motorists or pedestrians if it obscures
the motorists’ or pedestrians’ view of any street intersection,
sign or traffic-control device or if it otherwise causes or creates
a hazard that could reasonably cause property damage or personal injury.
(Ordinance 982-2013 adopted 5/28/13)
Refers to the dead end of a street usually circular in shape
where there is no through street and is constructed in accordance
to the city’s subdivision ordinance.
Includes but is not limited to basketball backboards or hoops,
portable play set, ball nets, bicycle ramps and skateboard ramps.
The area on, below, or above a public roadway, highway, street,
public sidewalk, alley, waterway, or utility easement in which the
municipality has an interest.
Area of land at least 20-foot in width covered by a hard
surface roadway including asphalt, road base or concrete that may
lawfully be used for the passage of public vehicular traffic and is
deemed to be a public street.
(Ordinance 982-2013 adopted 5/28/13)
If a property owner wishes to place a portable basketball hoop
within the end of a local street cul-de-sac, the owner shall:
(1)
Remove the portable basketball hoop from the public right-of-way
if it is determined by the police department to interfere with street
maintenance or public safety; and
(2)
Keep the basketball rim behind the back of the curb or prevailing
edge of the street if there is no curb.
(Ordinance 982-2013 adopted 5/28/13)
Notwithstanding the provisions of section 12.07.034 of this article, the city shall, prior to filing a complaint in the city municipal court or seeking injunctive or other legal relief, be required to give notice to any person owning, leasing, claiming, occupying or having supervision or control of any real property, occupied or unoccupied, improved or unimproved, within the corporate limits of the city, of a violation of this article.
(Ordinance 982-2013 adopted 5/28/13)
If such person fails or refuses to comply with the provisions
of this article within ten (10) days after the date of notification
as provided above, is subject to the issuance of municipal citations
by the city police officer for being in violation. Each and every
day that the owner of such property remains to be in violation is
considered to be a separate and distinct violation and is punishable
as such.
(Ordinance 982-2013 adopted 5/28/13)
The city shall also have the right to remove the portable recreational
equipment after providing the owner with ten (10) days’ written
notice. Any portable recreational equipment removed by the city shall
be claimed within ten days; otherwise it will be disposed of. If the
owner or person responsible for the portable recreational equipment
wishes it returned, the owner or person responsible for the portable
recreational equipment shall be required to reimburse the city for
the expenses incurred in the removal of the equipment.
(Ordinance 982-2013 adopted 5/28/13)
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this article shall be fined as provided in section 1.01.009 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.
(Ordinance 982-2013 adopted 5/28/13)
(a)
It shall be unlawful for any person owning, leasing, claiming, occupying,
or having supervision or control of any real property, occupied or
unoccupied, improved or unimproved, within the corporate limits of
the city, to permit or allow trees or tree limbs to grow upon any
such real property, or along the sidewalk or street adjacent to the
same between the property line and the curb, or if there is no curb
between the property line and the edge of the street, if any portion
of the tree or tree limbs are growing at a height less than fourteen
feet (14') above the pavement of the roadway or seven feet (7') above
the pavement of the sidewalk, or if any portion of the tree or tree
limbs are growing in a manner that interferes with or causes an obstruction
to motorists using the roadway or pedestrians using the sidewalk.
(b)
A tree or tree limb shall be deemed to interfere with or cause an
obstruction to motorists or pedestrians if it obscures the motorists’
or pedestrians’ view of any street intersection, sign or traffic-control
device or if it otherwise causes or creates a hazard that could reasonably
cause property damage or personal injury.
(c)
Table 1 attached to Ordinance 585 illustrates the trimming requirements
of this section.
(Ordinance 585 adopted 8/14/01)
It shall be the duty of any person owning, leasing, claiming,
occupying, or having supervision or control of any real property,
occupied or unoccupied, improved or unimproved, within the corporate
limits of the city to cut, or cause to be cut, and remove, or cause
to be removed, all such trees or tree limbs from such property or
along the sidewalk or street adjacent to the same between the property
line and the curb, or if there is no curb, between the property line
and the edge of the street, as often as may be necessary to comply
with the provisions of this article.
(Ordinance 585 adopted 8/14/01)
All trees or tree limbs which are growing at a height less than
required by this article or in a manner that interferes with or causes
an obstruction to motorists or pedestrians using the roadway or sidewalk
shall be presumed to be objectionable, unsightly, and unsafe, and
are hereby declared a public nuisance.
(Ordinance 585 adopted 8/14/01)
(a)
In the event that any person owning any real property, occupied or
unoccupied, improved or unimproved, within the corporate limits of
the city fails or refuses to comply with the provisions of this article,
it shall be the duty of the city to give ten (10) days’ notice
of the violation to the owner prior to abating the violation. The
notice shall be given:
(1)
Personally to the owner in writing;
(2)
By letter addressed to the owner at the owner’s post office
address; or
(3)
If personal service cannot be obtained or the owner’s post
office address is unknown:
(A)
By publication at least twice within ten (10) consecutive days;
(B)
By posting notice on or near the front door of each building on the
property to which the violation relates; or
(C)
By posting 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.
(b)
If such person fails or refuses to comply with the provisions of this article within ten (10) days after the date of notification as provided above, the city may go upon such property, or authorize another to go upon such property, and do or cause to be done the work necessary to obtain compliance with this article, and may charge the expenses incurred in having same done to the owner of such property as provided hereafter. The remedy provided in this section is in addition to the remedies provided for in sections 12.07.036 and 12.07.038 of this article.
(c)
In the notice of a violation the city may inform the owner that:
(1)
If the owner commits or allows another violation of the same kind
or nature that constitutes a public nuisance on or before the first
anniversary date of the notice, the city may, without further notice,
abate the violation at the owner’s expense and assess the expenses
against the property; and
(2)
If a violation covered by a notice under this section occurs within the one-year period and the city has not been informed in writing by the owner of an ownership change, then the city may, without notice, take any action permitted by this section and assess the expenses as provided in section 12.07.035 below.
(Ordinance 585 adopted 8/14/01)
(a)
The charges provided for in this article shall be levied, assessed
and collected by the city.
(b)
The city shall send the owner of the property upon which the work
was done and charges were incurred a notice which shall include:
(1)
Identification of the property;
(2)
Description of the violation;
(3)
A statement that the city abated the condition;
(4)
A statement of the city’s charges and expenses in abating the
condition;
(5)
An explanation of the property owner’s right to request a hearing
within ten (10) days of the date of the letter; and
(6)
A statement that if the owner fails or refuses to pay the expense
within thirty (30) days of the date of the letter, the city manager
or his designee shall obtain a lien against the property by filing
with the county clerk a notice of lien and statement of expenses incurred.
(d)
The city council will hold a hearing if the property owner submits
a timely written request. At the hearing, the city council shall determine
whether the charges to be assessed are reasonable and properly assessed.
(e)
If no hearing is required, or if a hearing is held and the charge
is determined to be valid, and the owner of the property fails or
refuses to pay such charges and expenses within thirty (30) days after
written notification to pay, the city council may assess the charges
and expenses incurred against the property, whereupon the city manager
shall file a statement with the county clerk of the expenses incurred
in the abatement of the above-described condition and the city shall
have a privileged lien on the property, second only to tax liens and
liens for street improvements. The lien statement shall state the
name of the owner, if known, and the legal description of the property.
(f)
Said privileged lien shall bear interest at the rate of ten percent
(10%) per annum from the date the work was performed or payment therefor
was made by the city. For any such expenditures and interest as aforesaid,
suit may be instituted and foreclosure had in the name of the city
and the statement so made as aforesaid or a certified copy thereof
shall be prima facie proof of the amounts expended for any such work
or improvement.
(Ordinance 585 adopted 8/14/01; Ordinance 1239-2019, sec. 61, adopted 8/13/19; Ordinance 1239-2019, sec. 61, adopted 8/13/19)
Notwithstanding the provisions of section 12.07.034 of this article, the city shall, prior to filing a complaint in the city municipal court or seeking injunctive or other legal relief, be required to give notice to any person owning, leasing, claiming, occupying or having supervision or control of any real property, occupied or unoccupied, improved or unimproved, within the corporate limits of the city, of a violation of this article. Notice shall be given as set forth in section 12.07.034 of this article. The notice may state in part that a violation of this article has occurred and that, if the violation is not abated within ten (10) days of the date of the notice, a complaint may be filed in the city municipal court, or injunctive or other relief may be sought. For any property, one notice per year as provided in section 12.07.034 of this article shall be sufficient for the city to seek relief pursuant to this section. The notice sent pursuant to this section may be combined with the notice provided for in section 12.07.034 of this article.
(Ordinance 585 adopted 8/14/01)
For purposes of this article, the word “person”
shall include a firm, association, organization, partnership, trust,
company, or corporation, as well as an individual.
(Ordinance 585 adopted 8/14/01)
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with or who resists the enforcement of any of the provisions of this article shall be fined as provided in section 1.01.009 for each offense. Each day that a violation is permitted to exist shall constitute a separate offense.
(Ordinance 585 adopted 8/14/01)
