(a)
Whatever
is dangerous to human life or health, whatever renders the ground,
the water, the air or food a hazard or injury to human life or health
or that is offensive to the senses, or that is or threatens to become
detrimental to the public health, is declared to be a nuisance, and
the specific acts, conditions and things set forth in this chapter
are, among others, each and all of them declared to be nuisances and
prohibited and made unlawful.
(b)
The
enumeration of specific nuisances provided in this chapter shall not
be deemed or interpreted to limit the scope of this definition to
those items specifically enumerated, but shall be taken as specific
examples only.
(Ordinance 504-2010 adopted 6/17/10)
As used in this chapter:
The city’s minimum administrative fee of $100.00 that
shall be assessed when the city abates or causes to be abated a nuisance.
This fee shall not include the actual costs incurred in abating or
causing to be abated a nuisance, but the administrative cost to the
city of processing the abatement. Without amending this article, the
city may impose an administrative fee of more than $100.00 if the
city’s cost of implementing this article is greater than $100.00.
Scrub vegetation or dense undergrowth.
The city manager or the manager’s designated representative.
The code officer of the city.
The actual cost the city incurs in abating or causing to
be abated a nuisance, including without limitation, the cost of mowing,
weeding, removing objectionable rubbish, junk, unsightly, or unsanitary
matter, etc.
Vegetation that is deliberately grown and currently and continuously
maintained by the owner, occupant, or agent of the property.
A tract of land upon which a structure is situated.
The total of the administrative fee and costs incurred by
the city in abating or causing to be abated a nuisance.
The fire marshal of the city.
Includes every accumulation of both animal and vegetable
matter, liquid or otherwise, that is received from kitchens and also
all decayable waste.
The city manager or the city manager’s designated representative.
All worn out or discarded material, including but not limited
to old iron or other metal, glass and cordage, plastic, machinery
of any kind, tractors, refrigerators, stoves, parts of machinery or
automobiles, any other household appliances, furniture, or old boats.
Any wastepaper, used beverage or food container, rubbish,
trash, or garbage not placed in a container.
Watered, pruned, trimmed, treated, and controlled in such
a manner as to enhance the use or enjoyment of one’s property,
without interfering with the enjoyment or use of neighboring property
or public access.
Anything which is injurious to the health or morals, or indecent
or offensive to the senses, or an obstruction to the free use of property
so as to interfere with the comfortable enjoyment of life or property.
Refers to any person, firm or corporation, or other entity,
both public and private, claiming or having possessory control of
any property.
Storing, accumulating, keeping or displaying any unsightly
item(s) or material(s) that is open to the public view, regardless
of sheltering or covering, on public or private property for more
than twenty-four (24) hours. This includes, but is not limited to:
litter, junk, landscaping instruments, tools, household effects/goods,
clothing, footwear, inoperable motor vehicles, metal tanks, glass,
broken furniture, tires, motor vehicle parts, oil containers, old
paint containers, inoperable appliances, lawn mowing and trimming
equipment, building material, building rubbish and other similar unsightly
items or materials.
Any person, firm or corporation, or other entity, both public
and private, claiming title of any property.
That area between the edge of a street or roadway and the
adjacent owner’s property line.
A firm, association, organization, partnership, trust, company,
or corporation, or any other legal entity as well as an individual.
An accumulation of worn out, used, broken, or rejected materials
and includes garbage, litter, rubbish, yard waste and other decayable
or nondecayable waste. It includes, but is not limited to, old barrels,
old tires, tree and brush and grass trimmings and unused household
items and appliances.
All loose and decayed material and dirt-like substances that
attends use or decay, or which accumulates from buildings, storing
or cleaning, trash, debris, rubble, stone or fragments of building
materials.
Any grass, weeds, shrubs, brush, bushes, or vines.
Vegetation that because of its height is objectionable, unsightly
or unsanitary, but excluding cultivated crops, shrubs, bushes, trees,
flowers, and vines.
Grass and brush trimmings, trees or tree limbs, hedge or
shrub cuttings, leaves, weeds, vines or other decayable waste which
is generated by maintaining a yard.
(Ordinance 504-2010 adopted 6/17/10; Ordinance 585-2013 adopted 12/19/13)
No owner or occupant of any real property, occupied or unoccupied,
within the city shall permit or allow any stagnant or unwholesome
water, filth, carrion, rubbish, refuse, open storage, yard waste,
junk or garbage, litter or impure or unwholesome matter of any kind,
or objectionable, unsightly matter of whatever nature to accumulate
or remain on such real property or within any easement area on such
real property or upon any adjacent right-of-way for streets and alleys
between the property line of such real property and where the paved
surface of the street or alley begins. Such conditions, without limitation,
are hereby defined as nuisances.
(Ordinance 504-2010 adopted 6/17/10)
The accumulation upon the property of refuse, junk, rubbish,
or garbage that creates an unsanitary condition likely to attract
or harbor mosquitoes, rodents, vermin or disease-carrying pests, or
creates a fire hazard or hinders emergency response constitutes a
nuisance.
(Ordinance 504-2010 adopted 6/17/10)
Any lot or piece of ground within the corporate limits of the
city on which there is a pond, pool or container of unwholesome, impure
or stagnant, offensive water, or is conducive to the breeding of mosquitoes
constitutes a nuisance. It is a defense to prosecution under this
section if the unwholesome, impure or stagnant, offensive water is
in a natural drainage way or pond, and was not caused or exacerbated
by the actions of any person.
(Ordinance 504-2010 adopted 6/17/10)
(a)
Abandon.
Dangerous exposure.
Definitions.
For the purpose of this section, the following
definitions shall apply unless the context clearly indicates or requires
a different meaning:
The throwing away of an icebox, refrigerator, or freezer
on any property, junk heaps, trash piles, or debris accumulations
or any other act which at common law would constitute an abandonment
of personal property.
The placing of an icebox, refrigerator, or freezer not in
use in a garage, barn, outbuilding, porch, yard, lot, or other portion
of premises where persons may come upon it and be attracted to it.
(b)
Deemed pubic nuisance.
The abandonment or dangerous
exposure of an icebox, refrigerator, or freezer with its door(s) in
normal latching or locking condition is hereby declared to be a public
nuisance and a serious menace to life because of the danger of persons,
especially children, entering such an icebox, refrigerator, or freezer
and becoming locked inside and suffocating.
(c)
Owner to remove latches and/or locks.
(1)
The owner of an abandoned or dangerously exposed icebox, refrigerator,
or freezer and the owner or occupant of the premises where an abandonment
or dangerous exposure occurs shall remove the door or dismantle or
remove the latch or lock holding the door shut on the icebox, refrigerator,
or freezer.
(2)
A person commits an offense if he abandons or dangerously exposes,
or causes or permits to be abandoned or dangerously exposed, an icebox,
refrigerator, or freezer unless the latch or lock holding each door
shut is dismantled or removed so that the door may be opened from
within by pushing on it.
(Ordinance 504-2010 adopted 6/17/10)
(a)
Except as provided in subsection (d) it is an offense for any person owning, leasing, claiming, occupying, or having supervision or control of any real property within the city, to suffer, permit, or allow uncultivated grass, weeds, or brush, to grow to a height greater than 12 inches on average upon such premises, including along the sidewalk or street adjacent to the premises between the property line and the curb or, if there is no curb, between the property line and the driving surface.
(b)
It
shall be the duty of any person owning, leasing, claiming, occupying,
or having supervision or control of any real property within the city
to cut or cause to be cut, grass, weeds and brush, as often as necessary
to comply with the requirements of this article.
(c)
Except as provided in subsection (d), all grass, weeds, vegetation, or brush not regularly cultivated and which exceed 12 inches in height shall be presumed to be objectionable, unsightly, and unsanitary, and are hereby declared a public nuisance.
(d)
For
tracts of land in excess of two acres, or that are used for agricultural
purposes or the active production of livestock, it shall be required
only that grass, weeds and vegetation, not regularly cultivated, be
mowed to a height of no greater than 12 inches within a minimum of
200 feet of all adjacent property lines and public or private streets.
This minimum may be revised on a case-by-case basis when deemed necessary
by the fire marshal to insure adequate fire safety of adjacent property
containing structures or equipment.
(e)
A
person commits an offense if the person owns, occupies or controls
any property within the corporate limits of the city and fails to
maintain the parkway adjacent to the property free of weeds, grass
or uncultivated plants that exceed 12 inches in height or if weeds,
grass or uncultivated plants in excess of 12 inches are allowed to
remain on such premises after they have been cut.
(f)
It
is an offense for any person owning, leasing, claiming, occupying
or having supervision or control of any real property within the city
to suffer, permit or allow tress or shrubs to overhang and touch structures
on his own property or neighboring structures, in a manner that creates
a fire hazard, allows pest infestation, has the potential to harm
the structure, or hinders access by emergency responses.
(g)
Property
maintained in violation of this section shall be deemed a nuisance.
(Ordinance 504-2010 adopted 6/17/10)
Every person owning or possessing any place in or on which there
exists a nuisance as described in this article shall, as soon as its
existence comes to his knowledge, proceed at once to abate the nuisance.
In the event that any person fails to comply with the provisions of
this article, the code officer may at his discretion:
(1)
Issue
a warning notice;
(2)
Issue
one or more court citations for violation of the article without prior
notice;
(3)
Commence
abatement action and proceed with abatement of the nuisance;
(4)
Request
the city attorney to institute suit for civil remedies as provided
by this code and state law.
(Ordinance 504-2010 adopted 6/17/10)
(a)
Notice required for abatement action by the city.
If the owner of land fails to comply with the requirements of this article, a city official may cause the property owner to be notified and ordered to cut the grass, weeds, or brush, remove rubbish, garbage, refuse or brush or otherwise clean up the property as required within 7 days of the date of the notice. Prior notice shall not be required to issue a citation for violation of this article, or in accordance with section 6.02.012 of this article.
(b)
Method of notice.
The notice shall be given:
(1)
Personally to the owner and occupant (if any) in writing;
(2)
By letter addressed to the owner at the owner’s address as
recorded in the appraisal district records of the appraisal district
in which the property is located and the occupant of the premises,
if any;
(3)
If personal service cannot be obtained:
(A)
By publication in the city’s official newspaper once;
(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.
(c)
Unclaimed notice.
If notice is mailed to a property owner in accordance with subsection (b) above, 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 delivered.
(d)
Additional violations.
Although it is not required,
the city may:
(1)
Inform the owner by regular or certified mail and a posting on the
property that if the owner commits another violation of the same kind
(failure to mow weeds or high grass or remove rubbish, refuse or garbage)
on or before the first anniversary of date of the notice, the city
without further notice may correct the violation at the owner’s
expense and assess the expenses against the property; and
(2)
If a violation 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, without notice, may take corrective action and assess
the expenses against the owner and the property.
(e)
Contents of notice.
The notice may contain a statement in accordance with subsection (d) above and shall contain:
(1)
The name and address of the record owner;
(2)
An identification, which is not required to be a legal description,
of the property upon which the violation is located;
(3)
A statement describing the violation and the work necessary to correct
the violation;
(4)
A statement advising the owner that if the work is not completed
within 7 days, the city will complete the work and charge the expenses
to the owner; and
(5)
A statement that if the city performs the work and the owner fails
to pay the expenses, a priority lien may be placed on the property.
(Ordinance 504-2010 adopted 6/17/10)
If the owner does not cut the weeds, grass, or plants, or remove rubbish, garbage, refuse or brush or otherwise comply with this article within 7 days of the notice required by section 6.02.009, the city may go on such property or authorize another to go on such property, and do or cause the work to be done to abate the nuisance and charge the expenses incurred to the owner of the property and assess the expenses against the real estate on which the work is done. The remedy provided in this section is in addition to any criminal penalties or other remedies authorized by this article or other law.
(Ordinance 504-2010 adopted 6/17/10)
Prior to the end of the period for owner/occupant to abate nuisance, whenever an order has been given to abate or remove any nuisance that may exist upon any lot or premises under the provisions of section 6.02.009 of this article, the owner thereof shall have the right, within the period of time given in the order for abatement to appear before the building official to show cause why such order should not or cannot be complied with. The building official may, at her discretion, give such reasonable extension of time for the abatement or removal of such nuisance as may be necessary; provided, there is no immediate danger to the public health.
(Ordinance 504-2010 adopted 6/17/10)
In case of any public epidemic or immediate danger or health
hazard, the city manager shall have authority and is directed to employ
any sanitary measure deemed necessary for the control of such epidemic
and to prevent its spread or to take any other action necessary by
law to abate the nuisance.
(Ordinance 504-2010 adopted 6/17/10)
(a)
Lien assessed.
The city does hereby assess the expenses incurred pursuant to section 6.02.010 against the real estate on which the work is done or improvements made, and charge the owner of the property. The expenses shall include an administrative fee.
(b)
Notice.
In assessing the expenses incurred against the
property on which the work is done or improvements made, the city
shall send the owner of the property upon which the work was done
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 expenses in abating the condition;
(5)
An explanation of the property owner’s right to request a hearing
about the abatement of the nuisance within 10 days of the date of
the letter; and
(6)
A statement that if the owner fails or refuses to pay the expenses
within 30 days of the date of the notice, the city manager or her
designee shall place a lien against the property by filing with the
county clerk, of the county in which the property is located, a notice
of lien and statement of expenses incurred.
(d)
Hearing.
The city manager or his designated representative
will conduct a hearing if the property owner submits a written request
within 10 days of the date of the notice. At the hearing:
(1)
The owner and the city may testify or present witnesses or written
information related to the city’s abatement of the nuisance.
(2)
The city has the burden to show that a violation of this article
existed, notice was given in substantial compliance with this article,
and expenses were incurred to abate the violation.
(3)
At the close of the hearing, the city manager or his representative
may find, based upon a preponderance of the evidence, that the expenses
are valid, or that they are erroneous or he may adjust them.
(e)
Placement of lien.
If no hearing is requested, or a
hearing is held and the expenses are determined to be valid or are
otherwise appropriately adjusted, and the owner fails or refuses to
pay the expenses within 30 days after the written notification to
pay, the city manager or her designated representative shall place
a lien against the property by filing with the county clerk of the
county in which the property is located a notice of lien and statement
of expenses incurred. The lien shall state the name of the property
owner if known, and contain the legal description of the property.
(f)
Security.
The lien is security for the expenses and
interest accruing at the rate of 10% per annum from the date the work
was performed or the expenses were incurred by the city.
(g)
Filing.
When the statement is filed, the city shall
have a privileged lien on that property, second only to tax liens
and liens for street improvements.
(h)
Suit.
The city may institute suit to recover the expenses,
with interest, and may foreclose on the property. The original or
a certified copy of the statement of expenses is prima facie proof
of the expenses incurred by the city in doing the work or making the
improvements.
(Ordinance 504-2010 adopted 6/17/10)
(a)
Before any application for change of zoning, platting or replatting is accepted, all liens and charges arising under the terms of section 6.02.013 shall be satisfied and no concerned property shall be in violation of this article.
(b)
If
the city has issued a building permit and the property for which such
permit was issued is in violation of this article, the city manager
or her designee may revoke the permit until such nuisance has been
abated.
(c)
Such
actions shall not defer any other remedies or penalties which may
be applicable under this article.
(Ordinance 504-2010 adopted 6/17/10)
(a)
Abatement.
The city may abate, without prior notice,
weeds that have grown higher than 48 inches, and are an immediate
danger to the health, life, or safety of any person.
(b)
Notice.
Not later than the 10th day after the date the city abates weeds under this section, the city shall give notice to the property owner in the same manner provided in section 6.02.013. This notice shall contain:
(1)
An identification, which is not required to be legal description,
of the property;
(2)
A description of the violations that occurred on the property;
(3)
A statement that the city abated the weeds or grass; and
(4)
An explanation of the property owner’s right to request an
administrative hearing about the city’s abatement of weeds or
grass.
(c)
Hearing.
The city manager or his designated representative
shall conduct an administrative hearing 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.
The hearing shall be conducted by the city manager or his designated
representative not later than the 20th day after the date a request
for hearing is filed. At the hearing:
(1)
The owner and the city may testify or present witnesses or written
information related to the city’s abatement of the nuisance.
(2)
The city has the burden to show that a violation of this article
existed, notice was given in substantial compliance with this section,
and expenses incurred to abate the violation were reasonable.
(3)
The city manager or his designated representative may approve the
expenses, deny the expenses, or adjust the amount of the expenses
and approve them as adjusted.
(d)
Placement of lien.
If no hearing is required, or a hearing
is held and the expenses are determined to be valid or otherwise appropriately
adjusted and the owner refuses to pay the expenses within 30 days
after written notification to pay, the mayor or his designated representative
shall place a lien against the property by filing with the county
clerk, of the county in which the property is located, a notice of
lien and statement of expenses incurred. The lien shall state the
name of the property owner if known, and contain the legal description
of the property.
(Ordinance 504-2010 adopted 6/17/10)
Whenever necessary to make an inspection to enforce any of the
provisions of this chapter or whenever the code officer has reasonable
cause to believe that there exists in any building or upon any premises
any condition or violation which makes such building or premises unsafe,
dangerous or hazardous, the code officer may enter such building or
premises at all reasonable times to inspect the same or to perform
any duty imposed upon the code officer by this chapter. If such building
or premises is occupied, he shall first present proper credentials
and request entry, and if such building or premises is unoccupied,
he shall first make a reasonable effort to locate the owner or other
persons having charge or control of the building or premises and request
entry. If such entry is refused, the city manager shall have recourse
to every remedy provided by law to secure entry.
(Ordinance 504-2010 adopted 6/17/10)
It is unlawful for any person to violate the provisions of this
article. Any such violation shall constitute a misdemeanor and, upon
conviction thereof, shall be punished by a maximum fine of two thousand
dollars ($2,000.00). Each day that a violation of this article occurs
shall constitute a separate offense.
(Ordinance 504-2010 adopted 6/17/10)
