The person or persons designated by the city council to enforce
the provisions of this article.
Any matter, condition, or object which is or should be objectionable,
unsightly or unsanitary to a person of ordinary sensibilities.
A person having title to real property.
Any individual, firm, partnership, association, business,
corporation, or other entity that is the owner, tenant or resident
in charge of a premises, whether occupied or unoccupied.
Vegetation, including grass, that because of its height is
objectionable, unsightly or unsanitary, but excluding:
(Ordinance adopting Code)
It shall be unlawful for any person to suffer or permit weeds
or grass to grow upon a premises within the corporate limits of the
city to a height greater than twelve (12) inches. Such premises shall
include the parkway between the sidewalk and the curb or pavement;
the right-of-way between any fence, wall or barrier and the curb or
pavement; or the area between a fence, wall or barrier and within
any abutting drainage channel easement to the top of such channel
closest to the property. The existence of any such condition upon
a premises is detrimental to the public health, safety and welfare
and generally increases the risk of fire hazard within the city; therefore,
such conditions are deemed to constitute a nuisance.
(Ordinance adopting Code)
Specifically exempted from the provisions of this article are
fields in cultivation for any agriculture purposes and fields used
for the raising of domestic animals, except where permitting the growth
of vegetation results in conditions, such as blind corners, blind
intersections, and/or encroachments upon the public right-of-way,
which are hazardous to the public health, safety and welfare.
(Ordinance adopting Code)
(a)
In
the event that any person violates any of the provisions of this article,
it shall be the duty of the designee to provide or cause to be provided
notice of such violation as provided herein. Notice of violation shall
be given by any of the following methods:
(1)
Personally to the owner 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; or
(3)
If personal service cannot be obtained:
(A)
By publication at least 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, if the
property contains no buildings.
(b)
If a notice is mailed to an owner pursuant to subsection (a)(2), 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.
(c)
Upon
giving written notice to a property owner in violation of the city
health ordinances, the city may inform the property owner by certified
mail that if the owner commits another violation of the same kind
or nature on or before the first anniversary of the date of the notice,
the city may without further notice correct the violation at the owner’s
expense and assess the expense against the property.
(Ordinance adopting Code)
(a)
Abatement by city.
(1)
In the event the owner of property does not comply with the designee’s demand for compliance within seven (7) days of notice of violation as required by section 6.02.004 herein, the city may do such work or cause such work to be done to bring the property into compliance with this article. The performance of such work by the city or at the direction of the city shall not relieve a person from prosecution for failure to comply with notice of violation as provided in this article.
(2)
The city may immediately abate the nuisances of weeds in excess of
forty-eight (48) inches in height which are an immediate danger to
the health, life or safety of any person.
(b)
Costs assessed.
The costs, charges and expenses incurred by the city in doing or having such work done shall be a charge to and personal liability of the owner. The performance of such work by the city shall not relieve such person from prosecution for failure to comply with such notice in violation of section 6.02.004 above.
(c)
Lien.
In addition to the aforementioned costs, charges and expenses assessed against the owner of the property, if the owner of property does not comply with the designee’s demand for compliance within seven (7) days of notice of violation as required by section 6.02.004 herein, the city may do such work or cause such work to be done to bring the property into compliance with this article and obtain a lien against the property. Prior to filing the lien, city shall notify the owner in accordance with the notice requirements contained in section 6.02.004 above. The mayor or municipal official designated by the mayor shall file a statement of expenses with the county clerk. The lien statement shall:
(1)
State the name of the owner;
(2)
State the legal description of the property;
(3)
State the amount of the charges, including interest thereon;
(4)
State that all prerequisites required by this article for the imposition
of the charges and the affixing of the lien have been met; and
(5)
Contain a statement signed by the mayor or municipal official designated
by the mayor, under oath, that the statements made therein are true
and correct. Such statement shall also state the amount of such expense,
including interest thereon, and the date or dates on which the work
was done or the improvements were made.
(d)
Attachment of lien.
The lien attaches upon the filing
of the lien statement with the county clerk. The statement of expenses
or a certified copy of the statement is prima facie proof of the expenses
incurred by the municipality in doing the work or causing the work
to be done. The lien shall be security for the expenditures made and
the interest accruing at the rate of ten (10) percent on the amount
due from the date of payment by the city.
(e)
Priority and foreclosure of lien.
The city’s tax
lien is inferior only to tax liens and liens for street improvements.
The city council may authorize a suit for foreclosure in the name
of the municipality to recover the expenditures and interest due.
(Ordinance adopting Code)
Any person violating any of the provisions of this article shall, upon conviction, be fined in accordance with the general penalty provision in section 1.01.009 of this code, and each and every day that the provisions of this article are violated shall constitute a separate and distinct offense. This penalty is in addition to and cumulative of any other remedies as may be available at law and equity.
(Ordinance adopting Code)
