[Amended 10-25-2004 by Ord. No. 660-04]
A.
It shall be unlawful for any person to permit any vegetation, other
than trees, cultivated crops or cultivated ornamental shrubbery or
plants, to grow to a height exceeding 12 inches on any lot or parcel
of land less than three acres located in an approved and/or recorded
residential subdivision having three or more lots or parcels of land,
on any residential lot or any lot within any residential district
and any part of which is within 150 feet of an occupied residence.
Lots or parcels of land devoted to bona fide agricultural use or designated
by any governmental agency as a wildlife preserve are exempt from
the application of this section.
B.
It shall be unlawful for any person to permit any vegetation, other
than trees, cultivated crops or cultivated ornamental shrubbery or
plants, to grow to a height exceeding 12 inches on any lot or parcel
of land less than four acres located in the City limits and any part
of which is within 200 feet of an occupied residence.
C.
Notice of abatement shall require that the owner and/or occupant
cut, trim or remove the vegetation that is in violation of this section
within seven calendar days from the date of notice, except that in
the case of a habitual violator the time shall be two calendar days
from the date of the notice.
[Amended 11-13-2017 by Ord. No. 17-O-15]
D.
Service of notice shall be by personal service or certified and regular
mail to the last known address of the person in whose name the property
is assessed for tax purposes and the tenant or occupant, except that
in the case of a habitual violator the notice shall be served by personal
service, first-class mail or posting on the property that is in violation
of this section.
[Amended 11-13-2017 by Ord. No. 17-O-15]
E.
If the property owner, tenant and/or occupant fails to cut, trim
or remove the vegetation within seven calendar days of date of notice,
or within two calendar days in the case of habitual violators, the
City shall abate the violation by use of City employees and equipment
or by contract with private contractors.
[Amended 11-13-2017 by Ord. No. 17-O-15]
F.
A violation of this section shall constitute a municipal infraction. A property owner and/or tenant or occupant who fails to abate a violation of this section shall be fined in accordance with the provisions in Article X (Enforcement) of this chapter and assessed all costs incurred by the City associated with the abatement of the violation and the City's administrative costs. All costs shall be a lien on the owner’s land and shall be collected and enforced in the same manner as City real property taxes, except the land may not be sold at tax sale to satisfy the lien.
[Amended 5-23-2016 by Ord. No. 16-O-09]
G.
No property shall be transferred unless all outstanding fines have
been paid to the City.
