[Ord. No. 1806 §I, 10-24-2001]
A. Failure To Keep Weeds, High Grass And Other Vegetation Cut And Removed
A Nuisance. All persons owning or occupying any lot or tract of land 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 as set out in the definition of lawn grasses and rank weeds in Section
220.190, it shall be deemed a public nuisance.
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 Nuisance Inspector shall give a hearing
after ten (10) 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 Nuisance
Inspector may declare the weeds, high grass or other vegetation to
be a nuisance and order the same to be abated within five (5) days.
E. Disposition. In case the weeds, high grass or other vegetation
are not cut down and removed within the five (5) days, the City Nuisance
Inspector shall have the weeds, high grass or other vegetation cut
down and shall certify the costs of same to the City Collector.
F. Tax Bill. The City Collector shall cause a special tax bill
thereof 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 (1st)
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 Collector on or before the first (1st)
day of June each year. Such tax bills if not paid when due shall bear
interest at the rate of eight percent (8%) per annum.
[CC 1974 §17-2; Ord. No. 1383 §3, 9-27-1989; Ord. No. 1806 §I, 10-24-2001; Ord. No. 1889, 9-24-2003]
Rank weeds, noxious plants and other vegetation, as herein defined,
which are allowed to stand at any season of the year upon any lot,
tract or parcel of land or along the sidewalk, street or unpaved alley
adjacent to such lot, tract or parcel of land are hereby declared
to constitute a nuisance; provided that this Section shall not apply
to such land not having been subdivided containing tracts tilled for
crops or used as pasture or hay ground. Platted subdivisions containing
tracts tilled for crops or used as pasture or hay ground may be required
to be cut back thirty (30) feet along a property line adjoining developed
property.
[CC 1974 §17-4; Ord. No. 1383 §5, 9-27-1989; Ord. No. 1530 §1, 9-14-1994; Ord. No. 1806 §I, 10-24-2001; Ord. No. 2004, 7-26-2006]
The following terms, as used in this Article, unless the context
specifically indicated otherwise, are defined as follows:
LAWN GRASSES AND RANK WEEDS
All vegetation which may exhale unpleasant or noxious odors
or transmit pollen into the air at any state of maturity and which
exceeds eight (8) inches in height. Also, all vegetation, regardless
of height, including thickets, which conceal or invites filthy deposits
or which arbors rodents, refuse or vermin.
NOXIOUS PLANTS
Poison ivy, poison oak and poison sumac, at any height or
state of maturity.
OTHER VEGETATION
Piles of brush, dead or fallen trees, limbs, unkempt shrubbery,
and/or various kinds of vegetation not otherwise noted in this Section.
OWNER
The term "owner" shall include the real
and actual owner of the fee title, the life tenant, occupant, tenant,
lessee, tenant at will, tenant at sufferance, person in lawful possession,
adverse possessor, and any other person, firm, partnership, corporation
or association asserting or having any right, title or interest in
any lot, tract or parcel of land in the City. The land records filed
in the office of the Recorder of Deeds of the County within any such
lot, tract or parcel of land shall be located, and any other official
record of such County or of the City may be used to determine the
identity of such owners, as hereinbefore defined, as of any given
day.
THICKETS
Dense growths of wild shrubbery having stems or trunks less
than one (1) inch in diameter, and briar patches.