The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
Nuisance.
The doing of any unlawful act, or omitting to perform a duty, or suffering or permitting any condition or thing to exist, which act, omission, condition or thing:
(1) 
Injures or endangers the comfort, repose, health or safety of others;
(2) 
Offends decency;
(3) 
Keeping, storing, or accumulating refuse on premises in a neighborhood unless the refuse is entirely contained in a closed receptacle;
(4) 
Keeping, storing, or accumulating rubbish, including newspapers, abandoned vehicles, refrigerators, stoves, furniture, tires, cans, on premises in a neighborhood or within 300 feet of a public street for 10 days or more, unless the rubbish or object is completely enclosed in a building or is not visible from a public street;
(5) 
Maintaining premises in a manner that creates an unsanitary condition likely to attract or harbor mosquitoes, rodents, vermin, or disease-carrying pests;
(6) 
Brush piles maintained on the property in excess of 30 days;
(7) 
Is offensive to the senses;
(8) 
Unlawfully interferes with, obstructs or tends to obstruct or renders dangerous for passage any public or private street, highway, sidewalk, stream, ditch or drainage;
(9) 
In any way renders other persons insecure in life or the use of property; or
(10) 
Essentially interferes with the comfortable enjoyment of life and property, or tends to depreciate the value of the property of others.
(Ordinance 355-13-12-10 adopted 12/10/13)
In a prosecution for violations of any provisions of this article, no culpable mental state shall be required. Any person violating any of the provisions of this article shall, upon conviction, be punished by a fine of not less than one dollar ($1.00) nor more than five hundred dollars ($500.00). Each day that such nuisance shall continue after the time for abatement as set out in this article shall constitute a separate offense. On conviction, the court shall order removal and abatement of the nuisance.
(Ordinance 355-13-12-10 adopted 12/10/13)
The maintaining, using, placing, depositing, leaving or permitting to be or remain on any public or private property of any of the following items, conditions or actions is declared to be and constitute a nuisance; however, this enumeration shall not be deemed or construed to be conclusive, limiting or restrictive:
(1) 
Noxious weeds, brush, and other rank vegetation.
(2) 
Accumulation of rubbish, trash, refuse, junk and other abandoned materials, metals, lumber or other things.
(3) 
Any condition that provides harborage for rats, mice, snakes and other vermin.
(4) 
Any building or other structure that is in such a dilapidated condition that it is unfit for human habitation, or kept in such an unsanitary condition that it is a menace to the health of people residing in the vicinity thereof, or presents a more than ordinarily dangerous fire hazard in the vicinity where it is located.
(5) 
All unnecessary or unauthorized noises and annoying vibrations, including animal noises.
(6) 
All disagreeable or obnoxious odors and stenches, as well as the conditions, substances or other causes that give rise to the emission or generation of such odors and stenches.
(7) 
The carcasses of animals or fowl not disposed of within a reasonable time after death.
(8) 
The pollution of any public well or cistern, stream, lake, canal or body of water by sewage, dead animals, creamery wastes, industrial wastes or other substances.
(9) 
Any building, structure or other place or location where any activity in violation of local, state or federal law is conducted, performed or maintained.
(10) 
Any accumulation of stagnant water permitted or maintained on any lot or piece of ground.
(11) 
Dense smoke, noxious fumes, gas, soot or cinders in unreasonable quantities.
(Ordinance 355-13-12-10 adopted 12/10/13)
It shall be unlawful for any person to cause, permit, maintain or allow the creation or maintenance of a nuisance.
(Ordinance 355-13-12-10 adopted 12/10/13)
(a) 
It shall be unlawful for any person who shall own or occupy any lot, tract or parcel of land in the city to allow grass, weeds, brush or other vegetation to grow to heights over 12 inches within the areas of any lot, tract or parcel of land specified in this section.
(b) 
The areas to be maintained clean under this section shall extend back from each property line that abuts any open and maintained street right-of-way 25 feet, and all areas within 50 feet from any building or structure, whether situated on the same lot or an adjacent lot.
(c) 
It shall be the duty of the property owner or person occupying the property to keep the area from the property line to the street curbline, or, if no curbline, then to the bar ditch on the nearest maintained part of the traveled portion of the street or roadway, clean in accordance with this section; however, the property owner or property user shall not be required to remove any shade tree from any areas covered by this section unless the same constitutes a traffic hazard and removal thereof is specifically required by the city.
(d) 
As to large and undeveloped tracts or where several lots shall have common ownership and the purposes of this section will not be served by requiring compliance with the provision for maintaining clear the area of 25 feet from the street right-of-way, the city manager, upon written request, may, if he finds that the purposes of this section will not be served by compliance, waive or exempt compliance with this section for such period of time until there is a change of conditions requiring compliance, at which time written notice shall be given by the city to such owner that the waiver or exemption has been revoked.
(e) 
All vegetation not regularly cultivated and that exceeds 12 inches in height shall be presumed to be objectionable and unsightly; except that regularly cultivated crops, regardless of height, shall not be allowed to grow within the right-of-way of any public street, alley or other public easement.
(f) 
The provisions of this section shall not be applicable to any property which is utilized for agricultural purposes and which has received a tax exemption by virtue of its agricultural use.
(Ordinance 355-13-12-10 adopted 12/10/13; Ordinance 397, sec. II(B), adopted 9/8/15; Ordinance 387, sec. 2, adopted 6/9/15)
An agent of the city may inspect or cause to be inspected any tracts, lots, and parcels of land within the city limits and within 5,000 feet of the city limits in any direction to determine compliance with this article, in accordance with state law.
(Ordinance 387, sec. 3, adopted 6/9/15)
(a) 
Upon discovery of a nuisance prohibited by the terms of this article, it shall be the duty of the inspector or such other officer or employee of the city as the city manager may from time to time designate to give the owner of the real property notice of violations, to be corrected within ten days from receipt of such notice. The owner of the real property shall be that owner listed on the most current tax rolls of the county appraisal district.
(b) 
Such notice may be in writing, served upon such owner in person by an officer or employee of the city, or may be addressed by letter to such owner at his post office address. If personal service may not be had, or the owner’s address is not known, the notice may be given by publishing a brief summary of such notice on two separate days within ten consecutive days in the official newspaper of the city, addressed “Sanitary Improvements: To Whom It May Concern,” and such publication shall be deemed sufficient notice.
(c) 
In the event the same nuisance prohibited by this article is discovered within a 12-month period of the previous notice to abate, the previous notice shall be deemed as sufficient notice and the owner of the real property may be subject to the penalties contained in section 6.02.002.
(Ordinance 355-13-12-10 adopted 12/10/13; Ordinance 397, sec. II(B), adopted 9/8/15)
The notice to abate a nuisance issued under the provisions of section 6.02.007 shall contain:
(1) 
An order to abate the nuisance or to request a hearing within a stated time, which shall be reasonable under the circumstances.
(2) 
The location of the nuisance, if the same is stationary.
(3) 
A description of what constitutes the nuisance.
(4) 
A statement of acts necessary to abate the nuisance.
(5) 
A statement that, if the nuisance is not abated as directed and no request for hearing is made within the prescribed time, the city will abate such nuisance and assess the cost thereof against such person.
(Ordinance 355-13-12-10 adopted 12/10/13)
Should any owner, tenant or user of any lot, tract or parcel of land fail to comply with the notice of violation given by the city, the city may then proceed with enforcement of this article through its municipal court, or may enter upon the property and take the necessary steps to abate such violations and prepare a statement of costs incurred in the abatement thereof.
(Ordinance 355-13-12-10 adopted 12/10/13)
(a) 
When in the opinion of any duly designated officer there is actual and immediate danger to the public or occupants of premises caused by a nuisance on such premises, and in the case of nuisance on public property, the officer is hereby authorized and empowered, without any notice or hearing, to order and require such nuisance abated. The officer shall immediately post, in the case of private premises, warning of the dangerous condition, and shall then abate such nuisance and prepare a statement of costs incurred in the abatement thereof.
(b) 
Collections of water in which mosquitoes are breeding located on residential property reasonably presumed to be abandoned or uninhabited due to foreclosure and are an immediate danger to the health, life, or safety of any person, shall qualify for emergency abatement. Public officials may enter the property at any reasonable time to inspect, investigate, or abate the nuisance.
(Ordinance 355-13-12-10 adopted 12/10/13)
(a) 
Expenses incident to action by the city under this article, plus an additional service charge of 50 percent of the actual expense to cover administrative costs, shall be assessed against the owner of all interest in such lot, tract or parcel of land, or against the owner of the nuisance in the case of nuisances on public property. An itemized bill of such costs shall be mailed by the city manager to each one of such owners if their addresses are known. If the bill remains unpaid for a period of 30 days after the date of the mailing of such bill, the mayor, municipal health officer, or municipal official designated by the mayor must file a statement of expenses with the county clerk.
(b) 
Upon the filing of a statement with the county clerk, a lien attaches to the property upon which such expenses are incurred. The lien statement must state the name of the owner, if known, and the legal description of the property.
(c) 
The lien obtained by the city is security for the expenditures made and interest accruing at the rate of ten percent on the amount due from the date of payment by the city.
(d) 
The lien is inferior only to tax liens and liens for street improvements.
(e) 
For any such debt and interest, the city may bring suit for foreclosure in the name of the city to recover the expenditures and interest due. In such suits, the statement of expenses or a certified copy of the statement is prima facie proof of the expenses incurred by the city in doing the work or making the improvements.
(Ordinance 355-13-12-10 adopted 12/10/13; Ordinance 397, sec. II(B), adopted 9/8/15)