§ 96.01 DEFINITIONS.

  For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.

  "ANY AND ALL OTHER OBJECTIONABLE, UNSIGHTLY, OR UNSANITARY MATTER OF WHATEVER NATURE." All uncultivated vegetable growth, objects and matter not included within the meaning of the other terms, and herein used, or any other matter or thing which is liable to produce or tend to produce an unhealthy, unwholesome or unsanitary condition.

  "BRUSH." All trees or shrubbery under seven feet in height which are not cultivated or cared for by persons owning or controlling the premises.

  "LOT, PARCEL or REAL ESTATE." 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 curb line of adjacent streets where the curbline has been established and 14 feet 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 textiles of all sorts, and in general all litter and other things usually included within the meaning of the term.

  "WEEDS." All rank and uncultivated vegetable growth or matter which has grown to more than nine inches in height, or which, regardless of height, is liable to become an unwholesome mass or breeding place for mosquitoes or vermin.

(Ord. 432, passed - -86; Am. Ord. 509, passed 7-19-93; Am. Ord. 823, passed 11-19-12)

§ 96.02 PUBLIC NUISANCES PROHIBITED.

  (A)   The existence of weeds, rubbish or any other objectionable, unsightly and unsanitary matter of whatever nature covering or partly covering the surface of any lot, parcel or real estate within the city is hereby declared a nuisance.

  (B)   The existence of any condition on any lot, parcel or real estate within the city which is liable to cause disease or produce, harbor or spread disease germs of any nature, or tends to render the surrounding atmosphere unhealthy, unwholesome, or obnoxious, is hereby declared a nuisance.

  (C)   It shall be unlawful for any person:

     (1)   To allow any condition deemed a nuisance to exist on any lot, parcel or real estate which is owned or occupied by such person, or

     (2)   To recreate a condition deemed a nuisance on any property located within the city limits.

  (D)   That no person, firm, or corporation shall hereafter deposit, place, or dump or cause to be deposited, placed or dumped, any trash, refuse, debris, tin cans, glass, worn out automobile parts, waste material of any kind or character upon the streets, alleys, or public lands within the city limits.

  (E)   That no person, firm or corporation shall hereafter intentionally deposit, place, or dump or cause to be deposited, place or dumped, any grass clipping, leaves, or yard waste material of any kind or character upon the streets, alleys, or public lands within the city limits.

(Ord. 432, passed - -86; Am. Ord. 509, passed 7-19-93; Am. Ord. 623, passed 11-19-01; Am. Ord. 823, passed 11-19-12) Penalty, see § 96.99

§ 96.03 ABATEMENT PROCEDURE; SERVICE OF NOTICE.

  (A)   Whenever the existence of any such nuisance, as herein defined, on any lot or parcel or real estate situated In the city shall come to the knowledge of the City Health Officer, or the Wichita County Health Unit, or the City Manager, or any designated agent appointed or employed by the City Manager, it shall be his duty and he shall cause a written notice identifying such property to be issued forthwith to the person owning or having possession or control of same requiring the abatement of such nuisance by grubbing and removing such weeds, brush, rubbish, or other objectionable, unsightly or unsanitary matter of whatever nature, as the case may be. Such notice shall also state that in default of abatement by him within ten days from the date of the notice, the city may cause the same to be done and pay therefore and charge the cost and expense incurred in having such work done for improvements made to the owner of such property and fix a lien on such property. The City Health Officer or his duly authorized representatives, shall compile the cost of such work done and improvements made in abating such nuisance, and shall charge the same against the owner or possessor of the property. Before the city files a lien on such property as hereinafter provided it shall send a statement to the property owners or persons having possession and/or control of said property, and thereafter if the charges are not paid, then the lien shall be filed, including a $100 administration fee.

  (B)   The notice, as required above, shall be in writing and either served personally or sent by letter addressed to the owner of the lot or parcel of real estate at his post office address or publication in a newspaper of general circulation in the city two times within ten consecutive days, if personal service may not be had, as aforesaid, or if the owner's address be unknown.

(Ord. 432, passed - -86; Am. Ord. 509, passed 7-19-93; Am. Ord. 823, passed 11-19-12) Penalty, see § 96.99

§ 96.04 REFUSAL TO ABATE NUISANCE; COSTS TO CITY; PRIVILEGE LIEN.

  (A)   In the event the owner shall fail or refuse to abate the nuisance within the time required in § 96.03, the city may cause the

nuisance to be abated and when the same is done the City Health Officer or his duly authorized representatives shall compile the cost of such work done or improvements made in abating such nuisance and shall charge such costs against the owner of such premises, as provided for in § 96.03.

  (B)   A certified copy of such costs shall also be filed with the County Clerk of Wichita County and when the same his so filed the city shall have a privilege 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 10% interest on the amount from the date of such payment, after the fixing any such lien, as aforesaid, and for any such expenditures, and interest, as herein before set out, suit may be instituted and recovery and foreclosure had in the name of the city in any court of competent jurisdiction, and in any such suit or action, the statement of charges ,so made, as aforesaid, or a certified copy thereof, shall be prima facie proof of the amount expended in any such work or improvements.

(Ord. 432, passed - -86; Am. Ord. 509, passed 7-19-93; Am. Ord. 823, passed 11-19-12) Penalty, see § 96.99

§ 96.05 ENUMERATIONS OF NUISANCES CUMULATIVE.

  The enumerations of the nuisances and the remedy for abating the same, as set out in this chapter, shall not be exclusive, but cumulative.

(Ord. 432, passed - -86; Am. Ord. 509, passed 7-19-93; Am. Ord. 823, passed 11-19-12)

§ 96.99 PENALTY.

  Any person, or persons, or firm, or corporation who violates any of the provisions of this chapter or who fails to comply with this chapter shall be deemed guilty of a misdemeanor and upon conviction shall be fine a sum of not less than $25 and not more than $200 for each offense and each day's continuance of failure to comply therewith shall constitute a separate and distinct offense for each day.

(Ord. 432, passed - -86; Am. Ord. 509, passed 7-19-93; Am. Ord. 823, passed 11-19-12)