CHAPTER 8. HEALTH AND WELFARECHAPTER 8. HEALTH AND WELFARE\Article 1. Nuisances

It shall be unlawful for any owner, occupant, agent or other person in charge of or in possession of any lot or real property within the City to permit nuisances to be maintained thereon, such as the growth of rank grass or weeds that are more than six (6) inches tall, noxious weeds regardless of their height, stagnant or mosquito-infested ponds of water, and rate, vermin or pest-infested material and trash, refuse or debris, including, but not by way of limitation, broken crockery, discarded furniture, cans, barrels, paper, rags, cartons, boxes, glass, pieces of wood or metal and other discarded materials of every kind and character, including junked vehicles, equipment and machinery.

(Ord. 393)

It shall be unlawful and is declared a nuisance for any owner, occupant, agent or other person in charge of or in possession of any lot or real property within the City to store outside of buildings or structures on the property, in an unsightly manner, any equipment, supplies, machinery, trucks, automobiles or parts thereof which create an unsightly appearance or a blight in the appearance to adjoin property, the neighborhood or the City.

(Ord. 393)

Any person, corporation, partnership, or association violating the provisions of section 8-101 or 8-102 shall, upon conviction thereof, the City will proceed to abate the nuisance and charge the following fines in the amount of $150.00 per hour, $25.00 for Administrative fee, $7.00 for mailing fee, $94.50 in court fees, and damages to equipment or be imprisoned not to exceed thirty (30) days or be both fined and imprisoned.

(Ord. 393; Ord. 400)

In addition to, and independently of the penalties provided in section 8-103, such nuisance or nuisances shall be abated in the manner as follows: Upon the receipt by the City Clerk of a copy of a resolution from the governing body which contains a finding that such nuisance, describing the same and where located, is a menace and dangerous to the health of the inhabitants of the city, or of any neighborhood, family or resident of the city, or which creates an unsightly appearance or blight in the appearance to adjoining property, the neighborhood or the city, the City Clerk shall forthwith cause a written notice to be served upon the record owner or his agent, and upon the occupant or party in possession of the property, notifying said person or persons of the findings of the governing body that a nuisance exists, describing the same and where located, and notifying them to remove and abate the nuisance within a time specified in the notice, not exceeding ten (10) days from the time of the service of the notice, or that the City will proceed to abate the nuisance and charge the costs there of to the property on which the nuisance exists. Such notice shall be served by the Clerk a copy of such notice to be mailed by certified mail to the address of such parties, or may serve said notice by publication for one time in the official City Newspaper.

(Ord. 393)

In the event the owner, occupant, agent or other person in charge of or in possession of any real property fails to comply with the requirements of the notice provided for in the foregoing sections, the City shall cause such nuisance to be abated. The City Clerk shall keep a record of the costs of such abatement and shall assess and charge such cost to the property upon which the nuisance was located. If the owner or his agent fails to pay the assessment to the City within thirty (30) days after receipt of a written notice from the City Clerk requesting payment of said assessment, the City Clerk shall, at the time of certifying other City Taxes to the County Clerk, certify the aforesaid costs and the County Clerk shall extend the same on the tax roll of the county treasurer and paid to the city as other city taxes are collected and paid.

(Ord. 393)