Code and Ordinances – City of Canton, Kansas

Canton City Codes And Ordinances

ARTICLE 4. WEEDS

8-401. WEEDS TO BE REMOVED. It shall be unlawful for any owner, agent, lessee, tenant, or other person occupying or having charge or control of any premises to permit weeds to remain upon said premises or any area between the property lines of said premises and the centerline of any adjacent street or alley, including but not specifically limited to sidewalks, streets, alleys, easements, rights-of-way and all other areas, public or private. All weeds as hereinafter defined are hereby declared a nuisance and are subject to abatement as hereinafter provided. (Code 2009)

8-402. DEFINITIONS. Weeds as used herein, means any of the following:

(a) Brush and woody vines shall be classified as weeds;

(b) Weeds and grasses which may attain such large growth as to become, when dry, a fire menace to adjacent improved property;

(d) Weeds which are located in an area which harbors rats, insects, animals, reptiles, or any other creature which either may or does constitute a menace to health, public safety or welfare;

(e) Weeds and grasses on or about residential property which, because of its height, has a blighting influence on the neighborhood. Any such weeds and indigenous grasses shall be presumed to be blighting if they exceed 10 inches in height. (Code 2009)

8-403. PUBLIC OFFICER; NOTICE TO REMOVE. (a) The Police Chief shall serve as the public officer and shall be charged with the administration and enforcement of this article. The public officer or authorized assistant shall give written notice to the owner, occupant or agent of such property to cut or destroy weeds. Such notice shall only be given once per calendar year.

(b) The notice to be given hereunder shall state:

(1) that the owner, occupant or agent in charge of the property is in violation of the city weed control law;

(2) that the owner, occupant or agent in charge of the property is ordered to cut or destroy the weeds within 10 days of the receipt of the notice;

(3) that the owner, occupant or agent in control of the property may request a hearing before the governing body or its designated representative within five days of the receipt of the notice or, if the owner is unknown or a nonresident, and there is no resident agent, 10 days after notice has been published by the city clerk in the official city newspaper;

(4) that if the owner, occupant or agent in control of the property does not cut or destroy the weeds or fails to request a hearing within the allowed time the city or its authorized agent will cut or destroy the weeds and assess the cost of the cutting or destroying of the weeds, including a reasonable administrative fee, against the owner, occupant or agent in charge of the property.

(5) that the owner, occupant or agent in control of the property will be given an opportunity to pay the assessment, and if it is not paid within 30 days of such notice, it will be added to the property tax as a special assessment;

(6) that no further notice will be given during the current calendar year prior to the removal of weeds from the property; and(7) that the public officer should be contacted if there are questions regarding the order

(c) If there is a change in the record owner of title to the property subsequent to the given of notice pursuant to this subsection, the city may not recover any costs or levy an assessment for the costs incurred by the cutting or destruction of weeds on such property unless the new record owner of title to such property is provided notice as required by this article.

(d) A copy of the notice shall be served upon the person in violation in one of the following ways:

(1) Personal service upon the person in violation; or

(2) Certified mail, return receipt requested; or

(3) In the event the whereabouts of such person are unknown and the same cannot be ascertained in the exercise of reasonable diligence, an affidavit to that effect shall be made by the public officer and filed with the city clerk, and the serving of the notice shall be made by publishing the same once each week for two consecutive weeks in the official city newspaper and by posting a copy of the notice on the premises where such condition exists.

(4) If the owner or the agent of the owner of the property has failed to accept delivery or otherwise failed to effectuate receipt of a notice or order sent pursuant to this section during the preceding twenty-four month period, notice may be given by anyof the following methods: door hangers, conspicuously posting notice of such order on the property, personal notification, telephone communication or first class mail. If the property is unoccupied and the owner is a nonresident, notice provided by this section shall be given by telephone communication or first class mail.

8-404. ABATEMENT; ASSESSMENT OF COSTS. (a) If the owner, occupant or agent in charge of the property has neither alleviated the conditions causing the alleged violation nor requested a hearing within the time periods specified section 8-403, the public officer or an authorized assistant shall abate or remove the conditions causing the violation.

(b) If the city abates or removes the nuisance pursuant to this section, the city shall give notice to the owner or his or her agent by certified mail, return receipt requested, of the total cost of the abatement or removal incurred by the city. The notice shall also state that the payment is due within 30 days following receipt of the notice. The city also may recover the cost of providing notice, including anypostage, required by this section.

(c) The notice shall also state that if the cost of the removal or abatement is not paid within the 30-day period, the cost of the abatement or removal shall be collected in the manner provided by K.S.A. 12-1,115, and amendments thereto, or shall be assessed as special assessments and charged against the lot or parcel of land on which the nuisance was located and the city clerk, at the time of certifying other city taxes, shall certify the unpaid portion of the costs and the county clerk shall extend the same on the tax rolls of the county against such lot or parcel of land and it shall be collected by the county treasurer and paid to the city as other city taxes are collected and paid. The city may pursue collection both by levying a special assessment and in the manner provided by K.S.A. 12-1,115, and amendments thereto, but only until the full cost and applicable interest has been paid in full.

(K.S.A. 12-1 61 7f; Code 2009)

8-405. RIGHT OF ENTRY. The public officer, and the public officer’s authorized assistants, employees, contracting agents or other representatives are hereby expressly authorized to enter upon private property at all reasonable hours for the purpose of cutting, destroying and/or removing such weeds in a manner not inconsistent with this article. (Code 2009)

8-406. UNLAWFUL INTERFERENCE. It shall be unlawful for any person to interfere with or to attempt to prevent the public officer or the public officer’s authorized representative from entering upon any such lot or piece of ground or from proceeding with such cutting and destruction. Such interference shall constitute an code violation. (Code 2009)

8-407. NOXIOUS WEEDS. (a) Nothing in this article shall affect or impair the rights of the city under the provisions of Chapter 2, Article 13 of the Kansas Statutes Annotated, relating to the control and eradication of certain noxious weeds.

(b) For the purpose of this article, the term noxious weeds shall mean kudzu Pueraria lobata), field bindweed (Convolvulus arvensis), Russian knapweed (Centaurea picris), hoarycress(Lepidium draba), Canada thistle (Cirsium arvense), quackgrass (Agropyron repens), leafy spurge (Euphorbia esula), burragweed (Franseria tomentosa and discolor), pignut (Hoffmannseggia densiflora), musk (nodding) thistle (Carduus nutans L.), and Johnson grass (Sorghum halepense). (K.S.A. 2-1 31 4; Code 2009)

Environmental Code

ARTICLE 1. HEALTH NUISANCES

8-101. LEGISLATIVE FINDING OF FACT. The governing body has found that there exist within the city unsightly and hazardous conditions due to: health hazards; harborage of vermin; dilapidation, deterioration or disrepair structure exteriors; accumulations increasing the hazards of accidents or other calamities; uncleanliness; unsightly stored or parked material, equipment, supplies, machinery, vehicle parts. Such conditions are inimical to the general welfare of the community in that they have a blighting influence on the adjoining properties, the neighborhood and the city, or are injurious to the health and safety of the residents of the city. The governing body desires to promote the public health, safety and welfare by the repair, removal, abatement, and regulation of such conditions in the manner hereafter provided. (Code 2009)

8-102. PURPOSE. The purpose of this Article is to protect, preserve, upgrade, and regulate the environmental quality of business, commercial and residential neighborhoods in this city, by outlawing conditions which are injurious to the health, safety, welfare or aesthetic characteristics of the neighborhoods and to provide for the administration and enforcement thereof. (Code 2009)

8-103. DEFINITIONS. The words and phrases listed below when used in this Article shall have the following meanings:

(a) Accessory Structure - a secondary structure detached from the principal structure but on the same premises, including, but not limited to, garages, sheds, barns, or outbuildings.

(b) Building - any structure, whether public or private, that is adapted for occupancy as a residence, the transaction of business, the rendering of professional services, amusement, the display, sale or storage of goods, wares or merchandise or the performance of work or labor, including office buildings, public buildings, stores, theaters, markets, restaurants, workshops and all other houses, sheds and other structures on the premises used for business purposes.

(d) Compost Pile - means a mixture consisting of leaves, stems, grasses, dirt and other organic matter which shall be stored in an enclosure and used for garden soil conditioning purposes. Said enclosure shall be screened or placed in a manner which is not offensive to neighboring residents or the general public.

(e) Dilapidation, Deterioration or Disrepair - shall mean any condition characterized by, but not Limited to: boles, breaks, rot, decay, crumbling, cracking, peeling or flaking paint, rusting, or other evidence of physical damage, neglect, jack of maintenance, excessive use or weathering.

(f) Exterior - those parts of a structure which arc exposed to the weather or subject to contact with the elements; including, but not limited to: sidings, facings, veneers, masonry, roofs, foundations, porches, screens, shutters, windows, doors or signs.

(g) Front Yard - means a yard across the full width of the Jot extending from the front line of the main building to the front lot line.

(h) Garbage - without limitation any accumulation of animal, fruit or vegetable waste matter that results from the handling, preparation, cooking, serving, delivering, storage, or use of foodstuffs.

(i) Graffiti - any drawing, painting, writing, inscription, figure or mark, regardless of its content, of the type which is commonly known and referred to as “graffiti” which is written, drawn, painted, sprayed, scratched or otherwise places or affixed, regardless of the nature of the material used, on any wall, window, rock, building or portion thereof, fence, gate, sign, other structure, tree or other real or personal property, either publicly or privately owned, and that is visible from any adjacent public or private property or public or private right of way. “Graffiti” shall not include any permitted sign allowed to be erected by other city ordinances.

(j) Hearing Officer- the person appointed by the Governing Body to conduct the hearing pursuant to this Article.

(k) Occupant - the person that has the use of, controls or occupies any business building or any portion thereof, whether owner or tenant. In the case of vacant business buildings or any vacant portion of a business building, the owner, agent or other person having custody of the building shall have the responsibilities of an occupant of a building.

(I) Owner - the owner of any building or structure, whether individual, firm, partnership, corporation or LLC.

(m) Person - any individual, individuals, corporation, partnership, unincorporated association, other business organization, committee, board, trustee, receiver, agent or other representative who has charge, care, control or responsibility for maintenance of any premises, regardless of status as owner, renter, tenant or lessee, whether or not in possession.

(n) Premises - any lot, plot or parcel of land including the structures thereon. Premises shall also mean any lot, plot or parcel of land without any structures thereon.

(o) Refuse - garbage and trash.

(p) Residential - used or intended to be used primarily for human habitation.

(q) Structure - anything constructed or erected which requires location on the ground or is attached to something having a location on the ground including any appurtenances belonging thereto.

(r) Trash - combustible waste consisting of; but not limited to: papers, cartons, boxes, barrels, wood, excelsior, furniture, bedding, rags, leaves, yard trimmings, or tree branches and non-combustible waste consisting of, but not limited to: metal, tin, cans, glass, crockery, plastics, mineral matter, ashes, clinkers, or Street rubbish and sweepings.

(s) Weathered - deterioration caused by exposure to the elements.

(t) Yard - the area of the premises not occupied by any structure. Any unenclosed building or structure (i.e. carport, porch, deck, and pool) is considered yard for the purpose of this Article but are not counted in the total open space. (Code 2009)

8-104. PUBLIC OFFICER. The mayor shall designate the police chief to serve as public officer and to be charged with the administration and enforcement of this article. In the event the police chief is not available, other police department personnel shall act as assistant and serve notices of violations, issue citations, verify vehicle registration and/or investigate the violation. (Code 2009)

8-105. RIGHT OF ENTRY. It shall be a violation of this article to deny the public officer the right of access and entry upon private property at any reasonable time fix the purpose of making inquiry and inspection to determine if a nuisance exists. (Code 2009)

8-106. ENFORCEMENT STANDARDS. No person shall be found in violation of this Article unless a public officer, after a reasonable inquiry and inspection of the premises, finds evidence of conditions declared unlawful under 8-107, 8-108, 8-109. For 8-108 and 8-109, this shall not include conditions which are not readily visible from any public place or from any surrounding private property. (Code 2009)

8-107. HEALTH NUISANCES. It shall be unlawful for any person to maintain or permit any nuisance within the city as defined, without limitation, as follows:

(a) Filth, excrement, lumber, rocks, dirt, cans, paper, trash, metal or any other offensive or disagreeable thing or substance thrown or left pr deposited upon any street, avenue, alley, sidewalk, park, public or private enclosure or premises whether vacant or occupied.

(b) All pools, spas, hot tubs and other bodies of water shall be properly maintained so as not to create a safety hazard, harbor insect infestation, be polluted, become stagnant, deteriorated or blighted.

(c) Any place or structure or substance which emits or causes any offensive, disagreeable or nauseous odors and stenches.

(d) Nauseous substances, carcasses of dead animals not removed within 24 hours after death.

(e) Attractive nuisances dangerous to children and other persons including, but not limited to:

(1) Abandoned, broken, or neglected household appliances, equipment and machinery. Abandoned or unattended iceboxes, refrigerators or other container (over 1 1/2 cubic feet volume) that has an airtight door or lid not in actual use unless the door or lid thereof is removed therefrom, or

(2) Unfenced or unmaintained pools, unused basement and excavations; any open cistern, cesspool, well, or other dangerous opening. All such places shall be filled, securely covered or fenced in such a manner as to prevent injury to any person and any Cover shall be of such a design, size and weight that the cover cannot be removed by children.

(f) Wastewater or sanitary sewage not managed or disposed of as provided for in this Code.

(g) Any fence, structure, thing or substance placed upon or being upon any Street, sidewalk, alley or public ground so as to obstruct the same, except as permitted by the laws of the city.

(h) Any condition which provides harborage or breeding environment for insects, mice, snakes or other vermin.

(i) All slop, foul or dirty water, filth, refuse or offal discharged through drains or spouts or otherwise thrown or deposited in or upon any street, sidewalk, premises, park, public square, public enclosure.

(k) Animals affected with disease or animal disease carriers, when the disease is one that may adversely affect the health of humans or other animals.

(I) Pollution or contamination of any water supply or water course by sewage, industrial, chemical, oil, junk, debris, or any other waste or product.

(m) Create or maintain any condition that obstructs or renders dangerous the use or passage of any park, stream, water course, sidewalk, parkway, public property, alley, Street, highway or easement.

(n) Oil, grease, paint, other petroleum products, hazardous materials, volatile chemicals, pesticides, herbicides, fungicides or waste (solid, liquid or gaseous) which is determined by a Public Officer to constitute a fire or environmental hazard, or to be detrimental to human life, health or safety.

(o) Any other act, occupation, and use of property that in fact endangers or jeopardizes the public peace and safety.

(Code 2009)

8-108. YARD NUISANCE VIOLATIONS. It shall be unlawful for any person to allow to exist on any residential, commercial or business premises, conditions which are injurious to the health, safety or general welfare of the residents of the community or conditions which are detrimental to adjoining property, the neighborhood or the city. This shall not include conditions which are not readily visible from any public place or from any surrounding private property. A yard nuisance shall include, but not be limited to, the scattering over or the leaving, depositing or accumulation on the yard of any of the following:

(a) Lumber, wire, metal, tires, concrete, masonry products, plastic products, supplies, equipment, machinery, auto parts, boxes, barrels, drums, packing crates or pallets, salvage materials, junk or refuse, or other materials except building materials to be used within ninety days for construction on the premises if properly authorized by a current building permit and except properly maintained compost piles as defined by this Article shall not constitute a nuisance.

(b) Indoor furniture, appliances, mattresses, bedding, stoves, refrigerators, televisions, sinks, lawn mowers, shopping carts, or other such items of personal property.

(c) In residential districts a maximum of four (4) cords of wood on one premises and only in rear yard and neatly stored.

(d All trees, hedges, signs, fences, or other obstructions that violate the sight triangle requirements in the City zoning ordinance.

(e) All limbs of trees which are less than 8 feet above the surface of any public sidewalk or 14feet above the surface of any street.

(f) Storing piles of dirt, rocks, gravel, sand, concrete, and other similar materials for more than 90 days unless the materials are part of a project for which a building permit has been issued.

(g) Property lacking appropriate landscaping, turf or plant material so as to cause excessive dust.

(h) All grass or weeds or other unsightly vegetation not usually cultivated or grown for domestic use or to be marketed or for ornamental purposes.

(i) All articles or things whatsoever caused, kept, maintained or permitted by any person to the injury, annoyance or inconvenience of the public or of any neighborhood.

(Code 2009)

8-109. EXTERIOR STRUCTURE NUISANCES. It shall be unlawful for any person to allow to exist on any residential, commercial or business premises, conditions which are injurious to the health, safety or general welfare of the residents of the community or conditions which are detrimental to adjoining property, the neighborhood or the city, This shall not include conditions which are not readily visible from any public place or from any surrounding private property. Structure exterior nuisance conditions shall include, but not be limited to, deteriorated, dilapidated, or unsightly;

(a) exteriors of any structure;

(b) exteriors of any accessory structure; or

(d) refuse or personal property placed on rooftops;

(e) buildings, fences, signs, or other structures that are or have been abandoned, boarded up, partially destroyed, or permitted to remain in a state of partial construction for a period of ninety (90) days or more, (180 days for partial construction) and where continuation of the condition is unsightly or is hazardous to the public health, safety, or welfare.

(f) exterior nuisance conditions shall also include graffiti on the above listed exteriors.

(Code 2009)

8-110. NOTICE OF VIOLATION; AUTHORITY TO ISSUE NOTICE TO APPEAR. Any person found by the public officer to be in violation of this Article shall be sent a Notice of Violation by the public officer. The Notice of Violation shall state:

(a) The address where the condition exists; and

(b) The condition which has caused the violation of this Article; and

(c) That the person in violation shall have 10 calendar days from the date of the Notice of Violation to alleviate any nuisance violation of this Article except an exterior structure nuisance shall have 30 calendar days; or in the alternative,

(1) That the person in violation may enter into a written agreement with the City to alleviate the nuisance violation within a specified time limit if the public officer believes an extended period of time is warranted. Failure to eliminate the violation under the terms of the agreement waives the right to a hearing before the hearing officer and the person will be served a Notice to Appear in municipal court; or in the alternative,

(2) That the person in violation may, within 10 calendar days from the date of the Notice of Violation, request in writing for a hearing on the matter as provided in 8-212 before the hearing officer.

(d) That failure to alleviate the condition will result in either abatement of the condition by the city with the costs assessed against the property under 8-214, or the person being served a Notice to Appear in municipal court for adjudication of the violation. (Code 2009)

8-111. SERVICE OF NOTICES. (a) All written notices required to be given under the provisions of this Article may be served in the following manner:

(1) By personal delivery at such person’s residence, with an individual 18 years of age or older being a member of the family or cohabitant, or at such person’s place of business with an employee of the business; or

(2) By certified mail, return receipt requested to the person in violation and the owner if city abatement is assessed to the property; or

(3) By posting such notice on the premises in a conspicuous place.

(4) In the case of a hearing order or court order ordering abatement where the whereabouts of such person is unknown and the same cannot be ascertained in the exercise of reasonable diligence, an affidavit to that effect shall be made by the public officer and filed with the city clerk, and the serving of the hearing order or court order shall be made by publishing the same once in the official city newspaper and by posting a copy of the hearing order or court order on the premises where such conditions exist.

(Code 2009)

8-112. HEARING BEFORE HEARING OFFICER; ORDER TO ABATE. If the recipient of the notice of violation submits a written request for a hearing within the notice period, then the city shall immediately schedule a hearing during a regular business day and not later than ten (10) calendar days from the receipt of the written request. The hearing shall be conducted by a designated hearing officer appointed by the City Council who shall not be an employee of the city. The hearing officer shall receive evidence, review the investigation and prepare a written order. The order shall be sent by certified mail to all relevant parties within five (5) calendar. days of the hearing, unless otherwise stated at the hearing and prior to the city taking any action to abate the violation. The order shall describe the relevant facts relied upon, state the specific code provisions being relied upon should a violation be found, and state any such other stipulations, methods of abatement or orders as deemed necessary by the hearing officer. This includes the authority of the hearing officer to issue a Notice to Appear in municipal court for adjudication of the violation.(Code 2009)

8-113. MUNICIPAL COURT; PENALTY. The public officer or City Prosecutor may file a complaint in the municipal court and serve a Notice to Appear against any person who receives a Notice of Violation and does not correct the violation(s) within the allotted time and who does not request a hearing as described in 8-210 or against any person that has failed under the terms of an agreement to eliminate the nuisance. Upon such complaint in the municipal court, any person found to be in violation of this Article shall upon conviction be punished by a fine of not less than $50.00 nor more than $100.00, or by imprisonment for not more than 30 days, or by both such fine and imprisonment, for each offense. For the purposes of this Article, a separate offense shall be deemed committed on each day during or on which such violation is permitted to exist. If upon conviction of a nuisance herein under and it appears to the court that the nuisance complained of is continuing, the court may enter such order as it shall deem appropriate to cause the nuisance to be abated. (Code 2009)

8-114. COSTS ASSESSED. If the city abates the conditions in violation of this Article, the cost of abatement shall be charged against the premises on which the conditions were located. The city clerk shall, at the time of certifying-other taxes to the county clerk, certify the costs as provided in this Article. The county clerk shall extend the same on the tax roll and it shall be collected by the county treasurer and paid to the city as other city taxes are collected and paid. The City in lieu of or in Conjunction with, may use any other method of collecting the city’s cost of abatement as is allowed by law. (Code 2009)

8-115. EMERGENCY ABATEMENT. In order to enforce the provisions of this Article, when the Mayor or his/her duly authorized representatives find and determine that the severity of the violation warrants immediate action, he/she may cause the clean up or abate the violation thereof by any appropriate means. The cost Of such emergency cleanup or abatement may be recovered by the City as provided in this Article. Such emergency cleanup or abatement will not relieve the person of further action which may be taken by the City including but not limited to, liability for any violations of this Article or any other applicable provisions of state law and local ordinances. (Code 2009)

8-116. CONSTRUCTION. Nothing in this Article shall be construed to abrogate or impair the powers of the courts or of any department of the city to enforce any provisions of its laws nor to prevent or punish violations thereof. The powers conferred by this Article shall be in addition to and supplemental to the powers conferred by the Kansas Constitution, by any other law or by ordinance. (Code 2009)

Trees And Shrubs

ARTICLE 3. TREES AND SHRUBS

13-301. PUBLIC TREE CARE. The city shall have the right to plant, prune, maintain and remove trees, plants and shrubs within the lines of all streets, alleys, avenues, lanes, squares and public grounds, as may be necessary to insure safety when servicing city utilities or to preserve the symmetry and beauty of public grounds. The city may remove or cause or order to be removed, any tree or part thereof which is in an unsafe condition or which by reason of its nature is injurious to sewers, electric power lines, gas lines, water lines or other public improvements, or is affected with any injurious fungus, insect or other pest. (Code 2009)

13-302. DISEASED TREES; DETERMINATION. Whenever any Competent city authority or competent state or federal authority shall file with the governing body a statement in writing based upon a laboratory test or other supporting evidence that trees or tree materials or shrubs located upon private property within the city are infected or infested with or harbor any tree or plant disease or insect or larvae, the uncontrolled presence of which may constitute a hazard to or result in the damage or extinction of other trees or shrubs in the community, describing the same and where located, the governing body shall direct the city clerk to forthwith issue notice requiring the owner or agent of the owner of the premises to treat or to remove any such designated tree, tree material or shrub within a time specified in the notice. (Code 2009)

13-303. SAME; NOTICE SERVED. Notice shall be served by a police officer by delivering a copy thereof to the owner, and the person in possession of such property, or if the same be unoccupied or the owner a nonresident of the city, then the city clerk shall notify the owner by mailing a notice by certified mail to his last known address. (Code 2009)

13-304. SAME; FAILURE OF OWNER; DUTY OF CITY. If the owner or agent shall fail to comply with the requirements of the notice within the time specified in the notice, then the chief of police shall proceed to have the designated tree, tree material or shrub treated or removed and report the cost thereof to the city clerk. In lieu of city employees performing any such work, the governing body may contract with any competent person, company or corporation for the performance of such work. (Code 2009)

13-305. SAME; PREVENT SPREAD OF DISEASE. No tree, tree materials or shrubs as mentioned herein which have been cut down, either by the property owner or by the city, shall be permitted to remain on the premises, but shall be immediately treated, removed and burned or immediately burned upon the premises, if safe to do so, so as to prevent the spread of the tree disease. (Code 2009)

13-306. DANGEROUS, DEAD OR DISEASED TREES ON PRIVATE PROPERTY.

(a) Every owner of any tree overhanging any street or right-of-way within the city shall prune the branches so that such branches shall not obstruct the light from any street lamp or obstruct the view of any street intersection and so that there shall be a clear space of 14 feet above the surface of the street or right-of-way. The owners shall remove all dead, diseased or dangerous trees, or broken or decayed limbs which constitute a menace to the safety of the public. The city shall have the right to prune any tree or shrub on private property when it interferes with the proper spread of light along the street from a street light, or interferes with visibility of any traffic control device or sign.

(b) The city shall have the right to cause the removal of any dangerous, dead or diseased trees on private property within the city, when such trees constitute a hazard to life and property. The city will notify in writing the owners of such trees. Removal shall be done by said owners at their own expense within 60 days after the date of service of notice. The owners, within 30 days of the notice, may request a hearing covering the ordered removal. In the event of failure of owners to comply with such provisions, the city shall have the authority to remove the trees and charge the cost of removal on the owner’s property tax notice. (Code 2009)

13-307. TREES ON PUBLIC PROPERTY; COST BORNE BY CITY. The city shall have the authority to treat or to remove any tree as defined in section 13-301 of this article, or to remove any dead tree as mentioned herein, which is located within the limits of any public right-of-way within the city. The adjacent property owners shall not be responsible for the cost of treatment or removal of any such trees within the public right-of-way and this expense shall be borne by the city at large. (Code 2009)

13-308. COSTS ON TAX ROLLS. The city clerk shall, at the time of certifying other city taxes to the county clerk, certify the unpaid costs for treatment or removal performed under the authority of sections 13-304:306 and the county clerk shall extend the same on the tax roll of the county against the lot or parcel of ground. The cost of such work shall be paid from the general fund or other proper fund of the city, and such fund shall be reimbursed when payments therefore are received or when such assessments are collected and received by the city. (Code 2009)

13-309. INJURING TREES AND SHRUBS. No person shall willfully break, cut, take away, destroy, injure, mutilate, or attempt to willfully break, cut, take away, destroy, injure or mutilate any tree, shrub, vine, flower or landscaping standing, growing, or being upon the premises in the possession of another, or growing on any public ground, street, sidewalk, promenade or park in the city. (Code 2009)

13-310. FIRE HYDRANTS, PLANTINGS ADJACENT TO. No person shall plant or cause to be planted nor allow to grow upon property owned by him or her any shrubs, trees, or planting of any kind within 10 feet of any fire hydrant in the city, in order that every fire hydrant shall be in full view day or night, to fire apparatus approaching from any direction. (Code 2009)

Health Nuisances

ARTICLE 1. HEALTH NUISANCES

8-103. DEFINITIONS. The words and phrases listed below when used in this Article shall have the following meanings:

(a) Accessory Structure - a secondary structure detached from the principal structure but on the same premises, including, but not limited to, garages, sheds, barns, or outbuildings.

(g) Front Yard - means a yard across the full width of the Jot extending from the front line of the main building to the front lot line.

(h) Garbage - without limitation any accumulation of animal, fruit or vegetable waste matter that results from the handling, preparation, cooking, serving, delivering, storage, or use of foodstuffs.

(j) Hearing Officer- the person appointed by the Governing Body to conduct the hearing pursuant to this Article.

(I) Owner - the owner of any building or structure, whether individual, firm, partnership, corporation or LLC.

(n) Premises - any lot, plot or parcel of land including the structures thereon. Premises shall also mean any lot, plot or parcel of land without any structures thereon.

(o) Refuse - garbage and trash.

(p) Residential - used or intended to be used primarily for human habitation.

(q) Structure - anything constructed or erected which requires location on the ground or is attached to something having a location on the ground including any appurtenances belonging thereto.

(s) Weathered - deterioration caused by exposure to the elements.

8-106. ENFORCEMENT STANDARDS. No person shall be found in violation of this Article unless a public officer, after a reasonable inquiry and inspection of the premises, finds evidence of conditions declared unlawful under 8-107, 8-108, 8-109. For 8-108 and 8-109, this shall not include conditions which are not readily visible from any public place or from any surrounding private property. (Code 2009)