[Ord. No. 2012-28 §1, 6-11-2012; Ord. No. 2016-15 §1, 5-9-2016; Ord. No. 2016-30 §1, 9-12-2016; Ord. No. 2017-3 §1, 1-23-2017]
Any lot or land shall be a public nuisance if it has the presence of debris of any kind, including, but not limited to, weed cuttings, cut and fallen trees and shrubs, overgrown vegetation and noxious weeds which are eight (8) inches or more in height, rubbish and trash, building materials not piled or stacked, rocks or bricks, tin, steel, parts of derelict cars or trucks, broken furniture, any flammable material which may endanger public safety or any material which is unhealthy or unsafe and declared to be a public nuisance.
This shall include all property located on or in a City or State right-of-way, including, but not limited to, the area between the property line and the back of the curb or edge of the pavement.
Undeveloped property, defined as unoccupied property which is more than one (1) acre and has not been developed, including, but not limited to, pasture that is not used for agricultural purposes, may reach a height of twenty-four (24) inches before being declared a public nuisance, and that the portion of the property adjacent to an existing street or right-of-way shall be kept at a height of below eight (8) inches at all times for a distance of twenty (20) feet from the back of the curb or edge of the pavement.
When a public nuisance as described above exists, the Building Inspector or other authorized person shall so declare and give written notice to the owner of the property, and if the property is not owner-occupied, to any occupant of the property by personal service or by first class mail. Such notice shall, at a minimum:
Declare that a public nuisance exists;
Specifically describe the condition which constitutes such nuisance and what action will remedy the public nuisance;
Order the removal or abatement of such condition within seven (7) days from the date of service of such notice;
Inform the owner that he or she may file a written request for a hearing before the Building Inspector on the question of whether a nuisance exists upon such property; and
State that if the owner fails to begin removing the nuisance within time allowed, or upon failure to pursue the removal of such nuisance without unnecessary delay, the Building Inspector shall cause the condition which constitutes the nuisance to be removed or abated and that the cost of such removal or abatement may be included in a special tax bill or added to the annual real estate tax bill for the property and collected in the same manner and procedure for collecting real estate taxes.
If the owner of such property fails to begin removing the nuisance within the time allowed, or upon failure to pursue the removal of such nuisance without unnecessary delay, the Building Inspector or other authorized person shall cause the condition which constitutes the nuisance to be removed. If the Building Inspector or other authorized person causes such condition to be removed or abated, the cost of such removal and the proof of notice to the owner of the property shall be certified to the City Clerk and/or Building Inspector who shall cause the certified cost to be included in a special tax bill or added to the annual real estate tax bill for the property and the certified cost shall be collected by the City Collector or other official collecting taxes in the said manner and procedure for collecting real estate taxes. If the certified cost is not paid, the tax bill shall be considered delinquent, and the collection of the delinquent bill shall be governed by the laws governing delinquent back taxes. The tax bill from the date of its issuance shall be deemed a personal debt against the owner and shall also be a lien on the property from the date the tax bill is delinquent until paid.
[Ord. No. 2013-12 §1, 4-8-2013]
When not otherwise authorized by City ordinance, brush and grass in excess of eight (8) inches in height on any lot or ground in the City shall not be considered a nuisance pursuant to Section 220.020 of the Trenton City Code when the following conditions are met:
Such lot or ground is one (1) acre or larger; and
Such lot or ground is used for the agricultural purposes of grazing livestock or the growing and harvesting of such growth for hay or forage for livestock; and
A buffer of five (5) feet is kept at a height of eight (8) inches or less where such lot or ground borders a private residential property or a City street; and
A written permit therefore setting forth any special condition has been granted by the City Administrator or his/her designated representatives.