For the purposes of this article, the following words shall
have the following meanings:
Any lot, parcel or tract of land within the corporate limits
of the town.
A person who resides, or holds possession of or occupies
property in the town.
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 town, 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.
That property adjacent to the property of any owner extending
from the owner’s property line to the curb line 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.
(Ordinance 1999-1004-01 adopted 6/28/00)
(a)
It
shall be unlawful for the owner or occupant of any property zoned
A and SF within the corporate limits of the town, whether the same
be occupied or unoccupied, to permit grass, weeds, Johnson grass,
brush or any objectionable or unsightly matter to grow to a height
greater than twelve (12) inches upon such real property within 20
feet of the edge of any public roadway or between a fence line and
the edge of a public roadway, whichever is less.
(b)
It
shall be unlawful for the owner or occupant of any property zoned
C, LI, MF, U, and PD within the corporate limits of the town, whether
the same be occupied or unoccupied, to permit grass, weeds, Johnson
grass, brush or any objectionable or unsightly matter to grow to a
height greater than twelve (12) inches upon such real property.
(Ordinance 2014-1117-03 adopted 11/17/14)
(a)
When
any duly authorized officer of the town discovers property in the
town 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 town’s official newspaper at least twice
within fourteen 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)
Where
such notice of violation is transmitted by mail, properly addressed
as set forth herein with proper postage affixed, receipt of the notice
of violation shall be presumed on the third day following deposit
in the custody of the U.S. Mail.
(c)
If
the owner or occupant of the property does not comply with the notice
and this article within ten (10) days of notice of the violation given
as stated above, the town may, on written request, with good cause
demonstrated, grant up to 21 additional days for correction of the
violation, or may:
(d)
The
town 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 this article.
(e)
The
notice of violation 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 town 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 town of a change in ownership, then the town may without
further notice proceed with enforcement, correction and assessment
as provided for herein.
(Ordinance 1999-1004-01 adopted 6/28/00; Ordinance adopting Code)
(a)
To
obtain a lien against the property, the mayor or his designee, including
any other designated town 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.
The lien obtained by the town is security for the expenditures made
and interest accruing at the rate of ten (10%) percent per annum on
the amount due from the date of payment by the town for the work done
or improvements made. The lien is inferior only to tax liens and hens
for street improvements.
(b)
The
town may authorize a suit for foreclosure in the name of the town
to recover the expenditures and interest due. The statement of expenses
or a certifies copy of the statement is prima facie proof of the expenses
incurred by the town in doing the work or making the improvements.
(c)
The
remedy provided in this section is in addition to any fine which may
be imposed for a violation of this article and is cumulative of and
in addition to any other remedies which may be provided for by the
ordinances of the town or other law, whether civil or criminal.
(Ordinance 1999-1004-01 adopted 6/28/00)
(a)
The
town may abate, without notice, weeds or other vegetation that have
grown to a height of more than forty eight (48) inches and that constitute
an immediate danger to the health, life, or safety of any person.
(b)
Not later than the 10th day after the date the town abates weeds under this section, the mayor or designee or other duly authorized official of the town shall give notice to the property owner in the manner required by section 6.04.003 of this article. 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 the ordinance that occurred on
the property;
(3)
A statement that the town abated the weeds; and
(4)
An explanation of the property owner’s right to request an
administrative hearing about the town’s abatement of the weeds.
(c)
The
town council shall conduct an administrative hearing on the abatement
of weeds 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 town 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 town’s abatement of the weeds.
(Ordinance 1999-1004-01 adopted 6/28/00)
Any person, firm or corporation violating any of the provisions of this article shall be deemed guilty of a misdemeanor and, upon conviction in the municipal court of the town shall be subject to a fine in accordance with the general penalty provision found in section 1.01.009 of this code 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 allowed to continue 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 1999-1004-01 adopted 6/28/00)
