For the purposes of this article, the following terms shall
have the meaning described herein:
Any matter, condition or object which is considered to be
objectionable, unsightly or unsanitary by a person of ordinary sensitivity.
Any individual, firm, partnership, association, corporation,
company, or organization of any kind.
Trash, debris, decayed lumber, unusable decayed structures,
rubble, stone, fragments of building materials, mounds of dirt or
rock, and other similar material.
Uncultivated or cultivated vegetation, including but not
limited to, grasses in excess of twelve (12) inches in height.
(Ordinance 970603, sec. 1.01, adopted 6/3/1997)
Weeds, brush, and objectionable material, stagnant water, accumulation
of filth and carrion, and accumulation of rubbish reduce the value
of private property, invite vandalism, create fire hazards, and are
a detriment to the community and are therefore declared to be a public
nuisance.
(Ordinance 970603, sec. 2.01, adopted 6/3/1997)
(a)
It
shall be unlawful for any person owning, claiming, occupying or having
supervision or control of any real property, occupied or unoccupied,
within the corporate limits of the city, to permit weeds, brush, or
any objectionable vegetation to grow to a height greater than twelve
inches (12"), or to permit the accumulation of objectionable, unsightly,
unsanitary, or unwholesome matter upon any such real property within
one hundred fifty feet (150') of any property line which abuts street
rights-of-way, alleys, utility easements, subdivided additions, developed
property or any buildings or other structures.
(b)
It shall be the duty of any person to keep and maintain free and clear of the matter referred to in subsection (a) above, the area extending from the person’s property line to the curbline adjacent to it, if there be a curbline, and if not, then within ten feet (10') outside of the property line.
(c)
All
vegetation not regularly cultivated and which exceeds twelve inches
(12") in height shall be presumed to be objectionable and unsightly.
Regularly cultivated crops shall not be allowed to grow within the
right-of-way of any public street or easement.
(d)
It
shall be the duty of any person owning, claiming, occupying or having
supervision or control of any real property, as provided above, to
cut and remove all such weeds, brush, and other objectionable or unsightly
matter as often as may be necessary to comply with the provisions
hereof, provided that removing and cutting same at least once in every
thirty-day period shall be deemed compliance with this article. Persons
shall continue to use every precaution to prevent the same growing
on such premises so as to become a nuisance as herein defined.
(e)
Intentionally
blowing or sweeping grass clippings, shrubbery trimmings and leaves
into the streets or gutters is a misdemeanor and can subject you to
fines of $500.00 to $2,000.00.
(Ordinance 970603, sec. 2.02, adopted 6/3/1997; Ordinance 190604 adopted 6/4/2019)
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 said lot
where water may accumulate and become stagnant or to permit same to
remain. 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 thereon or to permit same to remain.
(Ordinance 970603, sec. 2.03, adopted 6/3/1997)
It shall be unlawful for any person who shall own or occupy
any house, building, establishment, lot or yard in the city to permit
or allow any carrion, filth or other impure or unwholesome matter
to accumulate or remain thereon.
(Ordinance 970603, sec. 2.04, adopted 6/3/1997)
It shall be unlawful for any person who shall own or occupy
any lot in the city to allow rubbish or any other unsightly, objectionable,
unsanitary or unwholesome matter to accumulate on said lot.
(Ordinance 970603, sec. 2.05, adopted 6/3/1997)
(b)
The notice specified in subsection (a) above shall be given:
(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’s records; or
(3)
If personal service cannot be obtained, notice may be given by:
(A)
Publication at least once;
(B)
Posting the notice on or near the front door of each building on
the property to which the violation relates; or
(C)
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.
(4)
If a municipality mails a notice to a property owner in accordance
with this subsection 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
as delivered.
(c)
The notice of violation shall inform the recipient of the nature of the violation and that such violation must be cured within ten (10) days of receipt of notice. The notice of violation shall also inform the owner 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 of the date of the notice, the city without further notice may correct the violation at the owner’s expense and assess the expense against the property. If a violation covered by a notice under this subsection (c) occurs within the one-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 subsection (d) below and assess the expenses as provided by section 6.08.008 below.
(d)
If
the owner of the property does not take action that brings the property
into compliance with this article within ten (10) days after receipt
of notice, the city may go onto the property and do the work or make
the improvements necessary to correct the violation.
(Ordinance 970603, sec. 3.01, adopted 6/3/1997; Ordinance adopting Code)
The expenses incurred by the city in correcting the condition
of such property, including the cost of providing notice, shall be
paid by the city and charged to the owner of the property. In the
event the owner fails or refuses to pay such expenses within thirty
(30) days after the first day of the month following the month in
which the work was done, the mayor or his designee shall file a statement
of expenses with the county clerk of the county in which the property
is located. The statement of expenses shall include the name of the
owner, if known, and the legal description of the property. Upon the
filing of such statement, the city shall have a privileged lien against
the property to secure payment of such expense, second only to tax
liens and liens for street improvements. Such amount shall accrue
interest at the rate of ten percent (10%) per annum from the date
of payment by the city until paid by the owner. The city may bring
a suit for foreclosure of the lien to recover the expenditures and
interest due. The statement of expenses or 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 970603, sec. 3.02, adopted 6/3/1997)
(a)
In addition to or in lieu of the notice described in section 6.08.007, any person who violates this article may be issued a citation by the city requiring that they appear before the municipal court within ten days. Failure to appear before the court within that ten-day period shall be a separate offense under this article. It shall not be a defense to any action initiated by a citation that a prior notice was not issued.
(b)
In addition to or in lieu of the notice described in section 6.08.007, or the citation described in subsection (a) of this section, wherein a person violates any provision of this article, a summons may be issued through the municipal court requiring that such person appear before the court at a specific time in regard to that violation. It shall not be a defense to any action initiated by a summons that a prior notice or citation was not issued.
(Ordinance 970603, sec. 4.01, adopted 6/3/1997)
Any person, firm, corporation or others violating any provisions of this article shall be guilty of a misdemeanor and upon conviction thereof, shall be fined in accordance with section 1.01.009 of this code. Every violation and every date that the violation continues shall constitute a separate offense.
(Ordinance 970603, sec. 5.01, adopted 6/3/1997; Ordinance adopting Code)
