For the purposes of this article, the term “nuisance” is defined to mean any condition or use of premises or of building exteriors which is detrimental to the property of others or which causes or tends to cause substantial diminution in the value of other property in the neighborhood in which such premises are located. This includes, but is not limited to, the keeping or the depositing on, or the scattering over the premises, of any of the following:
(1) 
Lumber, building materials, junk, trash, or debris;
(2) 
Storage of furniture, other than furniture designed for outside use, household items, or products of a commercial trade or business enterprise, whether such items are so used or not outside;
(3) 
Abandoned, discarded or unused objects or equipment such as automobiles and equipment parts, furniture, fixtures, appliances, cans, bottles, or containers;
(4) 
Items of salvage such as scrap metals, rags, papers, bottles, cans and similar items;
(5) 
Any compost pile which is of such a nature as to spread or harbor disease, emit unpleasant odors or harmful gas, or attract rodents, vermin or other disease-carrying pests, animals or insects;
(6) 
Any deleterious or septic material upon any premises, unless such material is retained in containers or vessels which deny access to humans, flies, insects, rodents and animals.
(2001 Code, sec. 8.501)
Any violation of the provisions of this article shall constitute a misdemeanor and shall be punishable by a fine in accordance with the general penalty provision found in section 1.01.009 of this code. Each occurrence or day of a violation shall be deemed a separate violation.
(2001 Code, sec. 8.505)
No person owning, leasing, occupying or having charge of any premises shall maintain or keep any nuisance thereon, nor shall any such person keep or maintain such premises in a manner causing substantial diminution in the value of the other property in the neighborhood in which such premises are located.
(2001 Code, sec. 8.502)
(a) 
Upon becoming aware of nuisance conditions set forth herein, the city manager or his or her designated representative shall make a determination whether or not the conditions and circumstances constitute a nuisance as herein deemed. If it is determined that the conditions constitute a nuisance, the city manager shall cause a written notice to be given to the property owner to remove or abate the nuisance. Such notice shall state the nature of the nuisance and that it must be removed or abated within seven (7) days. If the owner of the property does not remove or abate the nuisance within seven (7) days of notice of the violation, the city may do the work or make the improvements required or pay for the work done or improvements made and charge the expenses to the owner of the property.
(b) 
The notice must 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 county appraisal district records; or
(3) 
If personal service cannot be obtained:
(A) 
By publication at least once in the official newspaper;
(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.
(c) 
If the city mails a notice to a property owner in accordance with subsection (b), 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.
(d) 
In a notice provided under this article, the city may inform the owner by regular mail and a posting on the property 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 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 in subsection (a) and assess its expenses as provided by section 8.05.005.
(2001 Code, sec. 8.503)
(a) 
The city may assess expenses incurred under section 8.05.004 hereof against the real estate on which the work is done or improvements made.
(b) 
The mayor or city manager shall file a statement of such expenses incurred under section 8.05.004, giving the amount of such expenses and the date or dates on which said work was done or improvements made, with the county clerk. The lien statement must state the name of the owner, if known, and the legal description of the property. The lien attaches upon the filing of the lien statement with the county clerk.
(c) 
The lien obtained by the city is security for the expenditures made and interest accruing at the rate of 10 percent on the amount due from the date of the filing of the lien statement [by the] city.
(d) 
The lien is inferior only to tax liens and liens for street improvements.
(e) 
The city may bring a suit for foreclosure in the name of the city to recover the expenditures and interest due, and shall be entitled to recover reasonable attorney’s fees and court costs incurred in enforcing the lien. The city shall have the right to obtain an order of sale of the property, by sheriff’s deed, with the proceeds of sale to be applied first to the expenses of suit, attorney’s fees and court costs, then to the expenses incurred by the city in doing the work or making the improvements, with the balance to be paid to the property owner or owners.
(f) 
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 the improvements.
(2001 Code, sec. 8.504)