[R.O. 2014 §205.120; Ord. No. 1633 §1, 8-14-2014; Ord. No. 1851, 5-23-2019]
A. Failure
To Keep Weeds, High Grass And Other Vegetation Cut And Removed, Shall
Be Deemed A Nuisance. All persons owning or occupying premises and
exterior property in the City shall keep the weeds, high grass and
other vegetation growing on such property cut and removed. Whenever
such weeds, high grass or other vegetation shall attain the height
of eight ( 8) inches, it shall be deemed a public nuisance.
This Section shall not apply to land zoned or used for agricultural
use and for which a hay permit has been issued. Hay permits may be
issued by the office of code enforcement to owner/occupants under
the following conditions:
1. Vegetation will be cut twice per season. First cutting shall be prior
to June 30.
2. Failure to cut and bale said vegetation will be grounds for the permit
to be revoked.
3. Owner will maintain vegetation ten (10) feet from the street and
alley right-of-way and adjacent properties not to exceed eight (8)
inches in height.
B. Unlawful To Maintain Such Nuisance. It shall be unlawful for any person to create or maintain a nuisance as defined in Subsection
(A).
C. Liability. Whenever weeds, high grass or other vegetation in violation of Subsection
(A) of this Section are allowed to grow on any part of any lot or ground within the City, the owner of the ground or, in case of joint tenancy, tenancy by entireties or tenancy in common, each owner thereof shall be liable.
D. Notice.
The City Administrator and/or his/her designee shall give a hearing
after five (5) calendar days' notice thereof either personally or
by United States mail to the owner or owners, or his/her or their
agents, or by posting such notice on the premises; thereupon, the
City Administrator and/or his/her designee may declare the weeds,
high grass or other vegetation to be a nuisance and order the same
to be abated within five (5) calendar days.
If City Administrator and/or his/her designee determine that
tall grass or weeds are in violation of the regulations contained
within this Section more than once during the same calendar year,
and the City has provided at least one (1) notice of such violation
either personally or by United States mail, to the owner or his/her
agents, stating that the tall grass or weeds shall be cut down and
removed within five (5) calendar days, the City Administrator and/or
his/her designee shall have the weeds cut down and removed and shall
certify the costs to the City Clerk as provided herein.
E. Disposition.
In case the weeds, high grass or other vegetation are not cut down
and removed within the five (5) days, the City Administrator and/or
his/her designee shall have the weeds, high grass or other vegetation
cut down and removed and shall certify the costs of same to the City
Clerk.
F. Tax
Bill. The City Clerk shall cause a special tax bill therefor against
the property to be prepared and to be collected by the Collector with
other taxes assessed against the property; and the tax bill from the
date of its issuance shall be a first 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. Each special tax bill shall be issued by the City Clerk and
delivered to the Collector on or before the first (1st) day of June
of each year. Such tax bills if not paid when due shall bear interest
at the rate of eight percent (8%) per annum.