[Ord. No. 2730 §1, 8-3-2010]
A.
No
person shall cause or permit any grass, weeds or rank vegetation growth
to attain a height in excess of seven (7) inches upon any property
located within the City. Any owner who shall cause or permit any weeds
or rank vegetation growth to attain a height in excess of seven (7)
inches shall be deemed to have committed a public nuisance. Whenever
private property abuts a public right-of-way or easement belonging
to the City, or any public entity, and there exists in such right-of-way
or easement a tree lawn or grassy area between the private property
line and the midline of said right-of-way or easement, then such tree
lawn or grassy area shall be considered, for purposes of this Section
requiring cutting of weeds or rank vegetation, to be a part of the
private lot which abuts the right-of-way or easement, and it shall
be the duty of those responsible under this Section for the maintenance
of the private lot to equally maintain the tree lawn or grassy area
within the abutting right-of-way or easement, and all of the provisions
of this Section shall apply with equal force and effect to said tree
lawn or grassy area. "Grass, weeds or rank vegetation" shall not be
deemed to include any genuine agricultural product or crop that is
grown for agricultural purposes.
B.
Exceptions. The following exceptions to Subsection (A) apply as set forth below:
1.
Large Lots. On properties of three (3) acres or greater, Subsection (A) shall apply only to:
[Ord. No. 3213, 8-18-2020]
a.
Any property within five (5) feet adjacent to any sidewalk, street
or public way.
b.
The portions of such property within the area of fifty (50) feet
from any dwelling on the property or within any fenced area surrounding
such dwelling, whichever is less.
c.
Any property within five (5) feet adjacent to a developed property.
2.
"M-l" and "M-2" Manufacturing District zoning. Undeveloped and unused portions of property in the "M-1" or "M-2" Manufacturing District zoning may be exempted in whole or in part from such portions of Subsection (A) by the Board of Aldermen upon written petition if the Board determines that the maintenance of weeds in excess of seven (7) inches on such portions of the property would not be a hazard to public safety, cause a harm to nearby property owners, or contribute to the decline of property values. The visibility from the rights-of-way and proximity to residences shall be a factor considered in reviewing an exemption request. This exemption shall not apply to any property within five (5) feet of any sidewalk or other public improvement.
3.
In addition to the remedial provisions set forth in this Article and in order to protect, promote and preserve the public health and safety, it is hereby declared that any person owning any lot within the City and permitting or suffering a growth of weeds or rank vegetation thereon in excess of seven (7) inches from the soil shall be deemed to be in violation of this Article and shall be punished upon conviction as provided in Section 100.170 of this Code.
[Ord. No. 2730 §1, 8-3-2010; Ord. No. 3066, 5-15-2018]
A.
Whenever weeds or trash, in violation of an ordinance, are allowed
to grow or accumulate, as the case may be, on any part of any lot
or ground within the City, the owner of the ground, or in the case
of joint tenancy, tenancy by entireties or tenancy in common, each
owner thereof, shall be liable.
B.
Prior to any abatement of such nuisances by the City, the following
procedure shall be followed:
1.
Written notice shall be given to both the owner and occupant
of the property by personal service or by first-class mail at the
property address or the last known address of the owner if the owner's
address is not the same as the property address.
2.
Such written notice shall:
a.
Specifically describe each condition of the lot or land declared
to be a public nuisance;
b.
Identify what action is required to remedy the nuisance;
c.
Provide a reasonable time, not less than ten (10) days, in which
to abate or commence removal of each condition identified in the notice
unless a condition presents an immediate, specifically identified
risk to the public health or safety;
d.
Notify the owner and occupant of a hearing date which shall
provide the owner and occupant an opportunity to be heard with regard
to the conditions and the notice; and
e.
Notify the owner and occupant of the City's intention to
abate the condition in the event that the owner and occupant fail
to remedy the conditions set forth in the notice.
3.
The Mayor or his/her designee shall give a hearing allowing
the owner and occupant an opportunity to be heard and present evidence
relative to the property conditions and the actions necessary to remedy
the nuisance. The hearing may occur within the time period for the
owner's abatement of the nuisance. Following such hearing and
upon supporting evidence, the Mayor or other designated City official
may declare the weeds or trash to be a nuisance and order the same
to be abated within the same time period set forth in the notice or
a different time period as determined to be reasonable by the Mayor
or his/her designee.
C.
In case the weeds or trash are not removed within the specified time
period, the Mayor or other designated City Official shall have the
weeds or trash removed, and shall certify the costs of same to the
City Clerk who 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 delinquency shall be a lien on the property and a personal
debt of the property owner until paid. Delinquent tax bills shall
bear interest at the statutory rate for delinquent taxes or, if none,
at the rate of eight percent (8%) annum. The special tax bill 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 defense thereto.
D.
Each special tax bill shall be issued by the City Clerk and delivered
to the Collector within a reasonable time following its issuance.
The special tax bill may be 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 same manner
and procedure for collecting real estate taxes.
[Ord. No. 2730 §1, 8-3-2010]
A.
All
dead or decaying trees, and all trees infected by a disease that is
not promptly treated or that is not remediable, and that are within
the fall zone of any property line or structure, or which constitutes
a danger to the health, safety, or welfare of the general public are
hereby declared to be a public nuisance and shall be promptly taken
down and removed from the premises by the owner or owners of any tract
of land on which the same is situated. The stump shall also be removed
down to ground level.
B.
It
shall be the duty of the Mayor or his/her designee to serve notice
in accordance with this Article that such tree or trees shall be removed
and the reasons therefor. The City shall perform the same duties and
have the same powers and rights and shall give the same notices and
conduct the same hearings as are provided pursuant to this Article.
C.
Trees
overhanging the street right-of-way which are on any property in the
City shall be the responsibility of the owner or owners of the property
for the purposes of this Article.
D.
In addition to the remedial provisions set forth in this Section and in order to protect, promote and preserve the public health and safety, it is hereby declared that any person failing to comply with the provisions of this Section shall be deemed to be in violation of this Article and shall be punished upon conviction as provided in Section 100.170 of this Code.
[Ord. No. 2730 §1, 8-3-2010]
A.
It
shall be unlawful to maintain any tree, shrub, other vegetation growth
or structure of any kind upon any corner lot in the City of Pacific
in which the lot lines of the property adjoining two (2) intersecting
streets in such a manner that the view of vehicular traffic in either
direction at said intersection is obstructed.
B.
Any
tree, shrub, other vegetation growth or structure of any kind so situated,
located and maintained on any such lot so as to obstruct the view
of a motor vehicle on either intersecting street for a distance of
forty (40) feet in each direction from the point of intersection of
the curb lines of such intersecting streets shall be deemed to be
unsafe, hazardous and a public nuisance.
C.
It
shall be the duty of the Mayor or his/her designee to serve notice
in accordance with this Article. The City shall perform the same duties
and have the same powers and rights and shall give the same notices
as are provided pursuant to this Article.
D.
In addition to the remedial provisions set forth in this Section and in order to protect, promote and preserve the public health and safety, it is hereby declared that any person failing to comply with the provisions of this Section shall be deemed to be in violation of this Article and shall be punished upon conviction as provided in Section 100.170 of this Code.
[Ord. No. 2730 §1, 8-3-2010]
The emission or discharge into the open air of dense smoke within
the City is hereby declared to be a public nuisance. The owners, lessees,
occupants, managers or agents of any building, establishment or premises
from which dense smoke is so emitted or discharged shall be deemed
guilty of a misdemeanor, and upon conviction thereof in any court
of competent jurisdiction shall pay a fine of not less than twenty-five
dollars ($25.00) nor more than one hundred dollars ($100.00). Each
and every day whereon such smoke shall be emitted or discharged shall
constitute a separate offense; provided however, that in any suit
or proceeding under this Section, it shall be a good defense if the
person charged with a violation thereof shall show to the satisfaction
of the jury or court trying the facts that there is no known practicable
device, appliance, means or method by application of which to his
building, establishment or premises the emission or discharge of the
dense smoke complained of in that proceeding could have been prevented.
