(a) A
health hazard is created if in the opinion of the city health authority
or county health officer the condition is more than ordinarily capable
of spreading disease or infection to persons adjacent to the subject
premises. In making the determination the health authority must take
into consideration the nature and quantity of the materials on the
subject property and its proximity to adjacent persons.
(b) A
fire hazard is created if in the opinion of the fire marshal the materials
kept or maintained constitute more than an ordinary threat to fire
and conflagration of adjacent property. In making this determination
the fire marshal must take into consideration the size of the premises
in question, the nature and quantity of materials kept or stored and
the proximity of such materials to adjacent property which is susceptible
of being burned by a fire spreading from the property in question.
(Ordinance 1-95, sec. 3(B), (C),
adopted 7/18/1995; 1999 Code,
sec. 54-91)
It shall be unlawful for any person to maintain a residential,
commercial or industrial lot or tract within the city limits which
contains rubbish, brush, trash, lumber, wood, inoperable vehicles,
grass over 12 inches in height, weeds over 12 inches in height or
other flammable materials if such condition created by any such materials
is present in such quantities to create a health hazard or fire hazard.
(Ordinance 1-95, sec. 3(A), adopted 7/18/1995; 1999 Code, sec. 54-92)
(a) It
shall be unlawful for any person who shall own or occupy any lot in
the city to permit or allow holes or places on such lot where water
may accumulate and become stagnant, or to permit it to remain.
(b) It
shall be unlawful for any person who shall own or occupy any lot in
the city to permit or allow the accumulation of stagnant water or
to permit it to remain.
(Ordinance 552, secs. 1, 2, adopted 10/15/1968; 1999 Code, sec. 54-93)
It shall be unlawful for any person who shall own or occupy
any house, buildings, establishment, lot or yard in the city to permit
or allow any carrion, filth or other impure or unwholesome matter
to accumulate or remain on such place.
(Ordinance 552, sec. 3, adopted 10/15/1968; 1999 Code, sec. 54-94)
It shall be unlawful for any person who shall own or occupy
any lot in the city to allow any unsightly, objectionable or insanitary
matter to accumulate or grow on such lots.
(Ordinance 552, sec. 4, adopted 10/15/1968; 1999 Code, sec. 54-95)
(a) Any person who violates the terms of this division shall be guilty of a misdemeanor punishable as provided in section
1.01.009, and any person who shall fail to abate and remove such nuisance after notice shall for each 24 hours thereafter during which the nuisance continues be subject to a like penalty as that originally incurred. If the owner or occupant of any lot or premises under the provisions of this division shall be a corporation, and shall violate any provision of this division, the president, vice-president, secretary, and treasurer of such corporation, or any manager, agent or employee of such corporation, shall be also severally liable for the penalties provided in this section.
(b) The notice referred to in subsection
(a) of this section must 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 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.
(Ordinance 552, sec. 8, adopted 10/15/1968; Ordinance 1-95, sec. 3(D), adopted 7/18/1995; 1999 Code, sec. 54-96)
If the owner or the owner’s agent of any lot or premises
to whom notice has been given in accordance with the provisions of
this division fails to comply within ten days after notice is given,
the city may do such work or make such improvements as are necessary
to correct, remedy or remove the condition which is the subject of
the notice, or cause the work to be done, and pay for the work and
charge the expenses incurred to the owner of such lot. Such expenses
shall be assessed against the lot or real estate upon which the work
was done or the improvements made. The doing of such work by the city
shall not relieve such person from prosecution for failure to comply
with such notice.
(Ordinance 552, secs. 5, 6, adopted 10/15/1968; Ordinance 1-95, sec. 3(E), adopted 7/18/1995; 1999 Code, sec. 54-97)
(a) Whenever the city shall have performed work under the provisions of section
6.02.097 and paid all necessary expenses in connection with the work, it shall be the duty of the city secretary to immediately prepare and deliver or mail to the owner an itemized statement in the form of an affidavit, duly sworn to, of all such work performed and all costs and expenses incurred and paid by the city.
(b) Upon
delivery or mailing of the statement and affidavit, the city shall
be entitled to the payment of the aggregate amount so expended, or
reasonable charges for city work, or costs paid, as set forth in the
statement and affidavit. Should the person, owner or agent fail or
refuse to pay the amount due within 30 days thereafter, the statement
of expenses and affidavit shall be signed by the city secretary and
filed with the county clerk. Such statement, when filed, shall constitute
a lien upon the property on which the expense was incurred, second
only to tax liens and liens for street improvements, and the amount
remaining unpaid shall accrue interest at the rate of ten percent
per annum from the date of expenditure by the city. It is further
provided that for any such expenditures and interest, suit may be
instituted and recovery and foreclosure of the lien may be had in
the name of the city, and the statement of expenses so made, or a
certified copy of the statement, shall be prima facie proof of the
amount expended for such work or improvements.
(Ordinance 552, sec. 7, adopted 10/15/1968; Ordinance 1-95, sec. 3, adopted 7/18/1995; 1999 Code, sec. 54-98)