[R.O. 2003 §215.200; Ord. No. 422 §74.200, 5-3-1984; Ord. No. 622 §9, 8-3-2000]
The following terms, as used in this Article, unless the context
specifically indicates otherwise, are defined as follows:
The Chief of Police or his authorized subordinate representative.
The Health Officer of Jackson County or his authorized subordinate
representative.
Any plant capable of poisoning, including, but not limited
to, poison ivy, at any height or state of maturity.
Any person who has a legal or equitable interest in a parcel
of real property other than a fee interest, including a life tenant,
tenant, lessee, tenant at will, tenant at sufferance, or adverse possessor,
as well as a person in possession or a person who has charge, care
or control of the parcel of real property as the agent or personal
representative of the person(s) holding legal title to a fee interest.
Any person who alone or jointly or severally with others
shall have legal title to a fee interest in the parcel of real property,
with or without accompanying actual possession thereof. The land records
filed in the office of the Recorder of Deeds of the County within
which the parcel of real property is located, and any other official
record of each County or of the City, may be used to determine the
identity of such owners, as hereinabove defined, as of the date of
the notice of the violation.
Includes any individual, firm, corporation, association,
partnership, cooperative or governmental agency.
All vegetation twelve (12) inches or more in height which
may emit unpleasant or noxious odors or transmit pollen into the air
at any state of maturity; all vegetation, regardless of height, including
thickets, which may conceal or invite filthy deposits, harbor rodents,
refuse or vermin, create a fire hazard, or present a blighting effect
on the neighborhood.
Dense growth of wild shrubbery having stems or trunks less
than one (1) inch in diameter and briar patches.
[R.O. 2003 §215.210; Ord. No. 422 §74.210, 5-3-1984]
Rank weeds and noxious plants, as herein defined, which are
allowed to stand at any season of the year on any lot, track or parcel
of land, or unpaved alley, or along the sidewalk, street or paved
alley adjacent to such lot, tract or parcel of land are hereby declared
to constitute a nuisance. This Article shall not apply to land zoned
or used for agricultural use which is more than one hundred fifty
(150) feet distant from any occupied residential subdivision lot,
tract or parcel of land.
[R.O. 2003 §215.220; Ord. No. 422 §74.220, 5-3-1984]
It shall be unlawful for the owner and/or occupant of any real property to allow rank weeds or noxious plants, as defined herein, to grow or stand upon such premises. It shall be the duty of such owner and/or occupant to immediately cut, remove or destroy any and all weeds and noxious plants on such premises. Failure, neglect or refusal of an owner and/or occupant to so abate shall constitute a violation of this Article punishable as set forth in Section 100.220 General Penalty.
[R.O. 2003 §215.230; Ord. No. 422 §74.230, 5-3-1984; Ord. No. 622 §10, 8-3-2000]
A.
Whenever the Chief of Police or his designee shall determine that
rank weeds or noxious plants exist on a parcel of real property in
violation of this Article, he shall notify the owner and/or occupant
of such fact. This notice shall:
1.
Be in writing;
2.
Set forth the alleged violation of this Article;
3.
Describe the parcel of real property where the violations are
alleged to exist or to have been committed;
4.
Set the date, time and location of a hearing to be held not
less than four (4) days from the date such notice is mailed, posted
or served;
5.
Advise that if the rank weeds or noxious plants are not cut
down and removed, the Chief of Police or his designee will order the
rank weeds or noxious plants to be cut down and removed, with the
costs thereof being specially assessed against the property; and
6.
Be served upon the owner and/or occupant of the premises by
either delivery of a copy of the notice to them personally or by leaving
such a copy at their usual place of abode with a member of a family
over the age of fifteen (15) years or by United States mail addressed
to the owner and/or occupant or any agent authorized to receive service
of process on behalf of the owner or occupant. If one (1) or more
persons to whom such notice is addressed cannot be found after diligent
effort to do so, service may be made upon such persons by posting
the notice on the parcel of real property described in the notice
and by causing such notice to be published in a newspaper of general
circulation.
[R.O. 2003 §215.240; Ord. No. 422 §74.240, 5-3-1984; Ord. No. 622 §11, 8-3-2000]
Upon such hearing prescribed in Sections 215.110 through 215.160, the Chief of Police or his designee may declare the weeds to be a nuisance and order such nuisance abated by the owner and/or occupant within five (5) days. If the owner and/or occupant fails to cut down and remove such rank or noxious plants as ordered, the Chief of Police or his designee may proceed to have the same cut down.
[R.O. 2003 §215.250; Ord. No. 422 §74.250, 5-3-1984; Ord. No. 622 §12, 8-3-2000]
The Chief of Police or his designee may enter the premises upon
which such nuisance is situated for the purpose of abating the same,
with or without the consent of the owner thereof, without being deemed
to have committed a trespass. This limited right of entry shall extend
to any person hired by the Chief of Police or his designee to abate
such nuisance.
[R.O. 2003 §215.260; Ord. No. 622 §13, 8-3-2000]
Upon causing abatement of any nuisance as set out above, the
Chief of Police or his designee shall determine the costs of such
abatement, including as a portion thereof an administrative fee of
twenty-five dollars ($25.00), with respect to the property affected
and shall determine whether proper service was made on the owner(s).
Upon determining that proper service was made on the owner(s), the
Chief of Police or his designee shall certify a statement of such
service and of such costs, with a description of the real property
upon which such abatement was accomplished, to the City Clerk as a
special assessment upon such real property. The City Clerk shall enter
such costs as a special assessment against the real property on tax
bill, 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 assessment shall constitute a lien upon the real property
described thereon and shall be payable as due in accordance with Jackson
County tax billing and bear interest at the rate of eight percent
(8%) per annum.
[R.O. 2003 §215.270; Ord. No. 422 §74.270, 5-3-1984; Ord. No. 622 §14, 8-3-2000]
Whenever any owner and/or occupant shall be found guilty of
a violation of the provisions of this Section in a proceeding instituted
in the Municipal Division of the Jackson County Circuit Court, and
the court finds that the Chief of Police or his designee has caused
the nuisance to be abated, the court shall assess therein as additional
costs a sum of twelve dollars ($12.00) to be assessed in addition
to service costs, witness fees and jail costs otherwise authorized
to be assessed.
