For the purpose of this article, the following words shall have the meanings herein ascribed to them:
Any and all other objectionable, unsightly or unsanitary matter of whatever nature.
The words “any and all other objectionable, unsightly or unsanitary matter of whatever nature” shall include all uncultivated vegetable growth, objects and matter not included within the meaning of the other terms as herein used, or any other matter or thing which is liable to produce or tend to produce an unhealthy, unwholesome or unsanitary condition.
Lot or parcel of real estate.
The words “lot or parcel of real estate” as herein used shall be held to include, in addition to those grounds within their respective boundaries, all lots or parcels of ground lying and being adjacent thereto and extending beyond the property line of any such lot or parcel of real estate to the curbline of adjacent streets where a curbline has been established, and any abutting rights-of-way beyond the property line where no curbline has been established and also to the center of adjacent alleys.
Rubbish.
All refuse, tin cans, old vessels of all sorts, useless articles, discarded clothing and bottles of all sorts, and other nondecayable wastes.
Weeds.
As herein used shall include all rank or uncultivated vegetable growth or matter which:
(1) 
Has grown to more than nine (9) inches in height;
(2) 
Creates an unsanitary condition or becomes a breeding place for mosquitoes, rodents, vermin or other disease carrying pests regardless of the height of the growth; or
(3) 
Endangers property or is liable to be fired.
(Ordinance 93-3, sec. 1, adopted 4/20/93)
Whenever and wherever weeds, rubbish or any other objectionable, unsightly and unsanitary matter of whatever nature shall exist, covering or partly covering the surface of any lot or parcel of real estate within the city, such condition is hereby declared to be unlawful and the prompt abatement of which shall be a public necessity.
(Ordinance 93-3, sec. 2, adopted 4/20/93)
(a) 
It shall be the duty of the person owning or having possession of any lot or parcel upon which conditions as defined in section 6.02.002 hereof exist to promptly remove or abate such condition. Upon failure to abate or correct such condition, the city may cause the same to be done and pay therefor, and charge the cost and expense incurred in having such work done for improvements made to the owner of such property. If such costs and expenses are unpaid, the city shall have the right to fix a lien or file suit seeking payment in a court of competent jurisdiction.
(b) 
Pending removal of such condition by the city, written notice 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) 
Annual notice.
After a property owner has been given one (1) notice of violation on a lot, tract, or parcel of land, annual notice may be given to the property owner. If the city opts to provide annual notice, such notice shall be mailed to the owner at the address recorded with the appraisal district and posted on the property. Once the city has given such annual notice, no further notice shall be required prior to abatement for that lot, tract, or parcel of land for a one-year period. If the city does not receive notice in a change of ownership, the city may abate any nuisance contained on the property covered by this article without further notice and assess expenses to the owner.
(d) 
Fees.
Fees shall be as set forth in the city’s master fee schedule as maintained on file in the office of the city secretary.
(Ordinance 17-10 adopted 11/21/17; Ordinance 93-3, sec. 3, adopted 4/20/93; Ordinance adopting Code)
(a) 
Notwithstanding any of the foregoing sections, the city may abate, without notification, weeds that:
(1) 
Have grown higher than forty-eight (48) inches; and
(2) 
Are an immediate danger to the health, life, or safety of any person.
(b) 
The city must give notice, in the manner provided in section 6.02.003, to the property owner no later than the tenth (10th) day after the date the city abates weeds under this section. The notification shall contain:
(1) 
An identification, which is not required to be a legal description, of the property;
(2) 
A description of the violation of this article that occurred on the property;
(3) 
A statement that the city abated the weeds; and
(4) 
An explanation of the property owner’s rights to request an administrative hearing regarding the city’s abatement of the weeds.
(c) 
The city shall conduct an administrative hearing on the abatement of weeds under this section if, not later than the thirtieth (30th) day after the date of the abatement of the weeds, the owner files a written request for a hearing with the city.
(d) 
The city shall conduct the administrative hearing not later than the twentieth (20th) day after the date a request for hearing is filed. At the administrative hearing, the owner may testify or present any witnesses or written information relating to the city’s abatement of the weeds.
(e) 
The city may assess expenses and create liens under this section in the same manner and subject to the same conditions as set forth in section 6.02.005 below.
(f) 
The authority granted the city by this section is in addition to the authority granted by section 6.02.003.
(Ordinance adopting Code)
In the event the owner shall fail or refuse to abate such condition, the city may cause such condition to be abated, and when the same is done, the mayor shall compile the cost of such work done or improvements made and shall charge such costs against the owner of such premises. A certified copy of such costs shall also be filed with the county clerk, and when the same is so filed, the city shall have a privileged lien upon such lot or parcel of real estate, second only to tax liens and liens for street improvements, to secure the expenditures so made, and ten (10) percent interest on the amount from the date of such payment; and after the fixing of any such lien and for any such expenditures and interest, suit may be instituted and recovery and foreclosure had in the name of the city in any court of competent jurisdiction; and in any suit or action, the statement of charges so made or a certified copy thereof shall be prima facie proof of the amount expended in any such work or improvements.
(Ordinance 93-3, sec. 4, adopted 4/20/93)
In addition to the other remedies contained in this article, in the event the owner or persons having possession or control of such property shall fail or refuse to abate such condition, said person shall be guilty of a misdemeanor and upon conviction shall be punished by a fine not exceeding five hundred dollars ($500.00) and each day such violation continues shall constitute a separate offense.
(Ordinance 93-3, sec. 6, adopted 4/20/93)