[HISTORY: Adopted by the Common Council of the City of Fulton 5-7-1963 (Ch. 51 of the 1991 Code). Amendments noted where applicable.]
[Amended 10-30-1991 by L.L. No. 4-1991; 4-4-2017 by L.L. No. 2-2017]
It shall be unlawful for any owner, lessee or occupant or any agent, servant, representative or employee of any owner, lessee or occupant having control of any occupied or unoccupied lots or land or any part thereof in the City of Fulton, including the public right-of-way, to permit or maintain on any such lot or land any growth of weeds, grass, brush or other rank vegetation to a growth higher than eight inches, on the average, or any accumulation of dead weeds, grass or brush. It shall also be unlawful for any such person or persons to cause; suffer or allow poison ivy, ragweed, Canada thistle or other poisonous plant or plants detrimental to health to grow on any such lot or land in such manner that any part of such ivy, ragweed, Canada thistle or other poisonous or harmful weed shall extend upon, overhang or border any public place or allow to seed or allow pollen or other poisonous particles or emanations therefrom to be carried through the air into any public place.
[Amended 9-1-1987; 4-4-2017 by L.L. No. 2-2017]
It shall be the duty of any owner, lessee or occupant of any lot or land to cut and remove or cause to be cut and removed all such weeds, grass, brush or other rank, poisonous or harmful vegetation as often as may be necessary to comply with the provisions of § 253-1.
[Amended 9-1-1987; 10-30-1991 by L.L. No. 4-1991; 3-1-1994; 5-7-2002 by L.L. No. 6-2002; 12-1-2009 by L.L. No. 6-2009]
If the provisions of the foregoing sections are not complied with, the Clerk/Chamberlain shall serve written notice upon the owner, lessee, occupant or any person having the care or control of any lot or land to comply with the provisions of this chapter. If the owner of said lot or land is a nonresident of the City of Fulton, such notice mailed to such owner addressed to his last known address shall be sufficient service thereof. If an address of the owner of said lands is not known and if no person can be found in the City of Fulton who is or claims to be the owner of such lot or land, or who either represents or claims to represent such owner, then such notice may be served by posting the same in a conspicuous place upon said lot or land.
If the person upon whom the notice is served fails, neglects or refuses to cut and remove or to cause to be cut and removed such weeds, grass, brush or vegetation within five days after receipt of such notice or if such notice was served by posting upon the premises, then, within five days after such posting upon the premises, the City forces of the City or person(s) designated by the Zoning Inspector shall cause such weeds, grass, brush or other vegetation on such lot or land to be cut and removed without need of Council resolution, and the actual cost of such cutting and removal, plus 50% for administrative expenses, shall be presented to the Clerk/Chamberlain; said costs shall thereupon become a lien upon the property on which such weeds, grass, brush and other vegetation were located and shall be added to become a part of the taxes next to be assessed and levied upon such lot or land, shall bear interest at the same rate as taxes and shall be collected and enforced by the same City official and in the same manner as taxes. In no event shall the special assessment levied under this section be less than $200.
[Added 5-7-2002 by L.L. No. 6-2002]
Once the notice has been sent to the property owner in accordance with § 253-4A and the City has removed the weeds, grass, brush or other vegetation in accordance with § 253-4B, then no further notice is required in the same calendar year before the City removes said weeds, grass, brush or vegetation. The City will be entitled to perform said removal once the property is in violation of § 253-1 again. Each separate removal will become an additional lien on the property in accordance with § 253-4B. The notice required in § 253-4A shall recite that no further notice will be given for subsequent violations in the same calendar year.
[Amended 10-30-1991 by L.L. No. 4-1991; 3-1-1994; 5-7-2002 by L.L. No. 6-2002]
Any person who shall neglect to cut and remove weeds, grass, brush or other vegetation as directed in this chapter or who shall fail, neglect or refuse to comply with the provisions of any notice herein provided or who shall violate any of the provisions of this chapter or who shall resist or obstruct the Common Council as officers of the City of Fulton or its/their employees or designees in the cutting and removal of weeds, grass, brush and other vegetation shall, upon conviction thereof, be subject to a fine of not less than $100 nor more than $500. These penalties shall be in addition to the special assessment imposed under § 253-4B.