Article III: Weeds and Vegetation, Trees, Visual Traffic Obstructions, Dense Smoke

Section 225.255 Excessive Growth of Weeds and Vegetation.

[Ord. No. 2730 §1, 8-3-2010]

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.

Exceptions. The following exceptions to Subsection (A) apply as set forth below:

Large Lots. On properties of three (3) acres or greater, Subsection (A) shall apply only to:

[Ord. No. 3213, 8-18-2020]

Any property within five (5) feet adjacent to any sidewalk, street or public way.

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.

Any property within five (5) feet adjacent to a developed property.

"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.

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.

Section 225.260 Liability of Property Owner as to Weeds or Trash.

[Ord. No. 2730 §1, 8-3-2010; Ord. No. 3066, 5-15-2018]

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.

Prior to any abatement of such nuisances by the City, the following procedure shall be followed:

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.

Such written notice shall:

Specifically describe each condition of the lot or land declared to be a public nuisance;

Identify what action is required to remedy the nuisance;

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;

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

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.

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.

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.

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.

Section 225.265 Dead and Decaying Trees.

[Ord. No. 2730 §1, 8-3-2010]

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.

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.

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.

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.

Section 225.270 Obstructions to View or Vehicular Traffic.

[Ord. No. 2730 §1, 8-3-2010]

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.

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.

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.

Section 225.275 Discharge of Dense Smoke Deemed Nuisance.

[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.