It shall be unlawful for the owner of any lot or other premises in the city to allow or permit holes or places where water may accumulate and become stagnant to be or remain on the lot or premises, or to allow or permit the accumulation of stagnant water thereon, or to permit stagnant water to remain thereon.
(1987 Code, sec. 12-66)
It shall be unlawful for the owner of any lot, building, house, establishment or premises in the city to allow or permit any carrion, filth or any other impure or unwholesome matter of any kind to accumulate or remain thereon.
(1987 Code, sec. 12-67)
It shall be unlawful for the owner of any lot or premises in the city to allow or permit weeds, grass, and brush to grow more than twelve inches (12") in height, nor shall any owner of any lot or premises allow rubbish, debris or any other unsightly, objectionable, or unsanitary matter of whatever nature to accumulate or remain on any lot or premises.
(Ordinance adopted 6/8/99)
(a) 
Whenever any condition described in this article is found to exist on any premises within the city, the owner of the premises shall be notified by the city, in writing, to correct, remedy or remove the condition within seven (7) days after the notice, and it shall be unlawful for any person to fail to comply with the notice.
(b) 
The notice provided for in subsection (a) of this section 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.
(1987 Code, secs. 12-69, 12-70; Ordinance adopting Code)
If the owner of any lot or premises upon which a condition described in this article exists fails to correct, remedy or remove the condition within seven (7) days after notice to do so is given in accord with this article, the city may do work or make improvements as are necessary to correct, remedy or remove the condition, or cause the same to be done, and pay therefor and charge the expenses incurred thereby to the owner of the lot. The expenses shall be assessed against the lot or real estate upon which the work was done or the improvement made. The doing of the work by the city shall not relieve the person from prosecution for failure to comply with the notice in violation of section 6.03.004(a).
(1987 Code, sec. 12-71; Ordinance adopting Code)
Whenever any work is done or improvements are made by the city under the provisions of section 6.03.005, the mayor, on behalf of the city, shall file a statement of the expenses incurred thereby with the county clerk. The statement shall give the amount of the expenses and the date or dates on which the work was done or the improvements were made.
(1987 Code, sec. 12-72)
After the statement provided for in section 6.03.006 is filed, the city shall have a privileged lien on the lot or real estate upon which the work was done or improvements made, to secure the expenses thereof. The lien shall be second only to tax liens and liens for street improvements, and the amount thereof shall bear interest at the rate of ten (10) percent per annum from the date the statement was filed. For any 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 made in accord with section 6.03.006, or a certified copy thereof, shall be prima facie proof of the amount expended for the work or improvements.
(1987 Code, sec. 12-73)
(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 this article, 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 municipal court of record acting as a civil court shall conduct a 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 municipal court clerk.
(d) 
The municipal court of record shall conduct the hearing not later than the twentieth (20th) day after the date a request for hearing is filed. At the 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 6.03.007 above.
(f) 
The authority granted the city by this section is in addition to the authority granted by section 6.03.005.
(Ordinance 2017-10-24CE, sec. 2, adopted 11/14/17)
Violation of the provisions of this article is a class C misdemeanor punishable by a fine not to exceed two thousand dollars ($2,000.00) upon conviction. Each day that a violation continues constitutes a separate offense. All remedies and penalties provided for in this article are in addition to any other enforcement remedies that the city may have under city ordinances and state law.
(Ordinance 2017-10-24CE, sec. 3, adopted 11/14/17)