[Ord. No. 04-04 §1, 7-13-2004]
A. Definition. As used in this Section the following term shall
have this prescribed meaning:
WEEDS
Includes all rank vegetable growth which exhale unpleasant
and noxious odors and high grasses over seven (7) inches in height.
B. Prohibitions.
1. No person shall cause or permit any weeds or rank vegetation growth
to attain a height in excess of seven (7) inches upon any property
within the City.
2. Any owner, lessee or occupant of any lot, parcel of land, or land
of any other description in the City who shall cause or permit any
weeds or rank vegetation growth to attain a height in excess of seven
(7) inches upon any property in the City, shall be deemed to have
committed a public nuisance.
3. All weeks or rank vegetation growth, when cut down, shall be removed
and disposed of in such a manner as not to create a nuisance.
C. Notice, Hearing And Special Tax Bills.
1. Notice. Whenever weeks or rank vegetation growth
are allowed to grow on any portion of any property in violation of
this Section, the Building Commissioner and/or Police Chief shall
give notice of such violations either personally or by United States
Mail to the owner(s) or his/her agent(s) and, also, by posting such
notice on the premises. Such notice shall set forth the violations,
shall demand that the weeds be cut down and removed within five (5)
days of the date of the notice, and shall set forth the fact that
the owner may request a hearing with the Building Commissioner and/or
Police Chief within four (4) days of the date of the notice if he
feels that the notice was in error.
2. Declaration of nuisance. The Building Commissioner
and/or Police Chief shall hold a hearing upon request of the owner
within four (4) days of the notice. If the owner fails to request
a hearing or fails to appear for a hearing or if the evidence at such
hearing supports such a finding, the Building Commissioner and/or
Police Chief shall declare the weeds to be a nuisance and order the
same to be abated.
3. Removal by the City. If the weeds are not cut down
and removed within five (5) days of the notice the Building Commissioner
and/or Police Chief shall have the weeds cut down and removed, and
shall certify the costs of the same to the City Clerk.
4. Special tax bill. The City Clerk shall cause a special
tax bill therefore against the property to be prepared and to be collected
by the Collector, with other taxes assessed against the property.
Each special tax bill shall be issued by the City Clerk and delivered
to the Collector. Such tax bills, if not paid when due, shall bear
interest at the rate of eight percent (8%) per annum.
As part of the cost of removing such weeds or rank vegetation
growth, each such special tax bill shall include a charge, to be determined
by the City Clerk, for inspecting the subject property, giving the
requisite notice, and issuing and recording the special tax bill.
The special tax bill, from the date of issuance, shall be a
first (1st) lien on the property until paid and shall be prima facie
evidence of the recitals therein and of its validity, and no mere
clerical error or informality in the same, or in the proceedings leading
up to the issuance, shall be a defense thereto.
D. Multiple Violations. If weeds or rank vegetation growth are allowed to grow on the same property in violation of this Section more than once during the same growing season, the Building Commissioner and/or Police Chief may cause the weeds and/or rank vegetation growth cut down and removed without further notification to the property owner(s). The cost of the same shall be billed in the manner described in Subsection
(C) above.
E. Other Resource. In addition to the provisions of this Section,
violations of this Section may be punished pursuant to other provisions
within the Municipal Code.