It shall be unlawful for any person, firm, or corporation owning or having supervision or control of any lot, tract, parcel of land, or portion thereof, occupied or unoccupied, within the corporate limits of the city, to suffer or permit grass, weeds or any plant that is not cultivated to grow to a height greater than twelve (12) inches on an average or to grow in rank profusion upon such premises, including along the sidewalk or street adjacent to the same between the property line and the curb, or if there is no curb, then within ten (10) feet outside the property line.
(1987 Code, ch. 6, sec. 1A; 2004 Code, sec. 6.101)
It shall be unlawful for any person, firm or corporation owning or having supervision or control of any lot, tract, parcel of land, or portion thereof, occupied or unoccupied, within the corporate limits of the city, to suffer or permit any rubbish, brush, or any other objectionable, unsightly or unsanitary matter of whatever nature (including but not limited to junk, trash, refuse, old iceboxes, refrigerators, stoves, and other worn-out, wrecked, or dismantled machinery, tractors, automobiles, etc.) to accumulate or be present upon any such premises, including along the sidewalk or street adjacent to the same between the property line and the curb, or if there is no curb, then within ten (10) feet outside the property line.
(1987 Code, ch. 6, sec. 1B; 2004 Code, sec. 6.102)
It shall be the duty of any person, firm or corporation owning or having supervision or control of any lot, tract, parcel of land, or portion thereof, occupied or unoccupied, within the corporate limits of the city, to cut or cause to be cut and to remove or cause to be removed all such grass, weeds, plants, rubbish, brush, and any other objectionable, unsightly and unsanitary matter of whatever nature, as often as may be necessary to comply with the provisions of sections 6.04.001 and 6.04.002 above.
(1987 Code, ch. 6, sec. 1C; 2004 Code, sec. 6.103)
(a) 
Notice of violation.
If the owner of any lot, tract, parcel of land or a portion thereof situated within the corporate limits of the city shall fail to comply with the requirements of sections 6.04.001 and 6.04.002, the city manager or his/her designee or his designated representative may cause such property owner to be notified of 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 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.
(b) 
Abatement by city.
Following the expiration of not less than ten (10) days from the date of the notice, the city may enter upon such premises and may do such work as necessary or cause the same to be done in order that the premises comply with the requirements set forth in sections 6.04.001 and 6.04.002. In the notice of a violation provided for in subsection (a) above, the city may inform the owner by certified mail, return receipt requested, that if the owner 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 city, without further notice, may abate the violation at the owner’s expense and assess the expense against the property. If a violation covered by a notice under this article occurs within the one (1) 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 any action permitted by this article and assess the expenses as provided in subsection (c) below.
(c) 
Assessment of city’s costs; lien.
(1) 
A bill for the actual cost incurred and a reasonable administrative charge incurred by the city resulting from the abatement of the above-described condition shall be mailed to the owner of such premises and must be satisfied within thirty (30) days of the date of mailing of such bill. The administrative charge shall be as set forth in the fee schedule in appendix A of this code and shall be assessed when the city abates or causes to be abated a nuisance. This administrative charge is in addition to the actual costs incurred by the city in abating or causing to be abated a nuisance.
(2) 
In the event such bill has not been satisfied within the specified period, the mayor may file a statement with the county clerk of the expenses incurred in the abatement of the above-described condition on the premises and the city shall have a privileged lien on any lot or lots upon which such expense is incurred, 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. Said privileged lien shall bear interest at the rate of ten percent (10%) per annum from the date such payment is due. For any such expenditure and interest as aforesaid, suit may be instituted and recovery and foreclosure had in the name of the city, and the statement made as aforesaid or a copy thereof shall be prima facie proof of the amount expended in any such work performed by the city.
(1987 Code, ch. 6, sec. 1D; Ordinance 707 adopted 6/10/03; Ordinance 921, sec. 1, adopted 7/14/09; 2004 Code, sec. 6.104; Ordinance adopting 2021 Code)
(a) 
The code compliance officer for the city or his designee (the code officer) shall be authorized to enter into agreements to abate certain public nuisances in accordance with this article. The code officer shall be authorized to enter into the following abatement agreements with independent contractors (abatement contractors):
(1) 
To provide mowing services and/or light cleanup of properties of less than one acre that are in violation of sections 6.04.001 and/or 6.04.002;
(2) 
To provide mowing services and/or light cleanup of properties of more than one acre that are in violation of sections 6.04.001 and/or 6.04.002; and
(3) 
To provide services of major cleanup to pick up and remove rubbish, brush, and other unsanitary matter from properties in violation of section 6.04.002.
(b) 
The code officer shall ensure each abatement contractor provides the following documentation before entering into an agreement for abatement services:
(1) 
Proof of insurance liability coverage in a minimum amount of $500,000.00;
(2) 
A completed IRS W-9 form (Taxpayer Identification Number and Certification); and
(3) 
A completed conflict of interest questionnaire.
(c) 
The code compliance officer shall select the abatement contractor and compensate the contractor for each abatement in the following manner:
(1) 
Mowing, trimming, and light cleanup.
(A) 
For standard mowing, trimming, light cleanup jobs, and smaller tree limbs, a set payment rate shall be used per acre of property. The payment rate shall be set by the city manager or his designee, under advisement of the code compliance officer, at a rate that is reasonable for the performance of such services.
(B) 
Contractors shall be placed on a rotational list. When a contractor is notified of a potential job by the code compliance officer, they shall have 24 hours to respond. If a contractor does not respond or refuses a job (for any reason), that contractor will be placed at the bottom of the list as though he had taken the job. If at any time a contractor does not fulfill the abatement agreement he may be removed from the list of eligible contractors.
(2) 
Major cleanup.
Larger jobs requiring major cleanup of trash, debris, rubbish, large tree branches, etc., will be done by bid. The code compliance officer will use the rotational list of abatement contractors created in accordance with this section. The code compliance officer will contact the top three contractors for price quotes and will select the contractor who provides the lowest quote for the job. If at any time a contractor does not fulfill the abatement agreement he may be removed from the list of eligible contractors for future bidding.
(Ordinance 921, sec. 2, adopted 7/14/09; Ordinance 974 adopted 10/11/11; 2004 Code, sec. 6.105)