(a) 
Definitions.
The following words, terms and phrases as used in this article, shall have the meaning set forth in this section:
Open storage.
The outside storage, display, or keeping of goods, materials, merchandise, or equipment on a lot or tract, including the placement or use of storage containers or other methods or vehicles for storage of such items or the placement of empty storage containers, outside of a structure enclosed on all sides. Open storage shall not include the storage of furniture, cooking equipment, outdoor heaters, firewood, fire pits, and other items designed to be stored outside of a residential building if displayed or stored in a manner which does not create a hazard for adjacent properties, does not provide a breeding ground for or attract insects, rodents, or other vermin, or otherwise cause or result in the creation of a risk to public health and safety or constitute a public nuisance.
Parkway.
The portion of the public right-of-way between the curb or edge of street pavement and/or alley and the property boundary of the adjacent private property.
Refuse.
Any object, matter, or material that is worn out, used up, broken, discarded, decaying, rotting, or of little value or use, including, but not limited to, clothing, plastic, rubber, paper, wood, cardboard, iron, metal, glass, stone, cord, rope, building materials, fragments of building materials, furniture, food, vegetation, and other decayable or non-decayable objects or waste.
(b) 
Open storage prohibited.
It shall be unlawful for a property owner, including an agent, contractor, or other representative of the owner, a tenant, lessee, occupant or other person having care, custody, or control of property located within a district zoned for residential use, to cause or allow open storage upon such property, upon or within the parkway, or upon or within adjacent public right-of-way and without having the open storage behind the main building and kept in such a manner that does not constitute a public nuisance or a public health and safety hazard.
(Ordinance 898-25 adopted 5/22/2025)
The dumping, unauthorized placing or depositing of any trash, rubbish, garbage, tin cans, refuse, grass, weeds, scrap materials, offal, dead animals or junk in or upon any street, alley, sidewalk, branch, creek, ditch or gutter or along or upon the sides thereof in the city is hereby declared to be a public nuisance and in violation of this article.
(Ordinance 321-02, art. IV, sec. 2, adopted 7/16/02)
Heavy accumulations such as brick, broken concrete, rocks, stones, ashes, lumber, clinkers, cinders, dirt, plaster, sand, gravel, automobile frames, dead trees and other bulky, heavy material shall be disposed of as required by the city at the expense of the owner or person controlling same or upon payment of the actual cost of such removal plus ten percent of such cost to the city.
(Ordinance 321-02, art. IV, sec. 3, adopted 7/16/02)
(a) 
It shall be unlawful for any owner, tenant, or lessee of premises to allow grass, weeds, or other vegetation over 12 inches in height, trash, rubbish, filth, or debris to be upon the abutting or adjacent sidewalk, parkway, or alleyway.
(b) 
Any such materials shall be removed by the owner, tenant, or lessee of the premises and placed in trash receptacles or disposed of in a manner as required by this article.
(c) 
It is a defense to prosecution hereunder that:
(1) 
The premises are unfenced and are maintained in a manner consistent with the provisions of this section at all points on the premises within 100 feet of the edge of any open street.
(2) 
The premises are fenced and are maintained in a manner consistent with the provisions of this section at all points from the street to the fence or 100 feet from the edge of any open street, whichever is the less distance.
(3) 
The vegetation that is over 12 inches in height is wildflowers, but only until such time as seeds have matured following the final blooming of the majority of the plants.
(d) 
Failure to comply with the requirements of this section shall be and hereby is declared to constitute a nuisance subject to citation or abatement as provided in this article.
(Ordinance 321-02, art. IV, sec. 4, adopted 7/16/02)
(a) 
Notice of violation.
If the owner or occupant of property fails or refuses to comply with this article, the city shall give written notice to the property owner or occupant. The notice shall be delivered to the owner or occupant or mailed to the owner’s or occupant’s post office address. If delivery in person is not possible or if the owner’s or occupant’s post office address is unknown, notice shall be given by publication in the city’s official newspaper at least twice within 14 consecutive days.
(b) 
City may correct violation.
If, at the expiration of 14 days after delivery, mailing or publication of the notice, the owner or occupant fails to correct the violation, the city may enter upon the property and do the work, or pay for the work to be done, as necessary to correct the violation.
(c) 
Assessment of city’s costs.
A statement of the costs, based on the fee schedule provided in appendix A to this code, incurred by the city in correcting a violation(s) shall be mailed, by certified mail with a five day return requested, to the property owner. The costs shall include an administrative fee in the amount established in appendix A to this code. The statement shall be due within 15 days of the date of mailing.
(d) 
Lien to secure city’s costs.
If the statement is not timely paid, the city may file a statement with the county clerk of the costs incurred, including administrative costs. Upon filing the statement, the city shall have a privileged lien on the land upon which the costs were incurred, second only to tax liens and liens for street improvements. The amount of the lien shall include ten percent on the delinquent amount from the date payment was made by the city. The statement of expenses or a certified copy of the statement is prima facie proof of the expenses incurred by the city. To collect the costs, suit may be instituted and recovery and foreclosure had in the name of the city.
(e) 
Appeal of costs imposed.
Within 15 days of the date the statement of costs is mailed to the owner of the premises, the owner may appeal the reasonableness of the charges billed for abating the condition to the city council by filing a written statement with the mayor or his designee, stating why the charges are unreasonable. The appeal shall be submitted to the city council for its review within a reasonable time after filing. If the council finds the charges are unreasonable, it shall assess the costs as it deems reasonable. The administrative charge shall not be appealable.
(Ordinance 321-02, art. IV, sec. 5, adopted 7/16/02; Ordinance adopting Code)
Any person who violates a provision of this article or fails to comply therewith or with any of the requirements thereof, or of a permit, license or certificate issued thereunder, shall be guilty of a misdemeanor punishable by a fine in accordance with the general penalty provided in section 1.01.009 of this code. Each such person shall be deemed guilty of a separate offense each and every day or portion thereof during which any violation of any of the provisions of this article is committed or continued, and upon conviction of any violation such person shall be punished within the limits provided above.
(Ordinance 321-02, art. VII, adopted 7/16/02)