[Ord. No. 71 §§1 —
9, 9-7-1965; Ord. No.
319 §3, 3-21-1998; Ord. No. 693, 7-19-2010]
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 of twelve (12) inches,
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 Chief of Police 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 Health Officer, City Marshall
or Board of Aldermen 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 Health
Officer, City Marshall or Board of Aldermen 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 (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 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.
G. If
weeds are allowed to grow on the same property in violation of an
ordinance more than once during the same growing season in the case
of weeds or high grass or other vegetation, a fine of three hundred
dollars ($300.00) shall be imposed on the owner of the ground or in
case of joint tenancy, tenancy by entireties or tenancy in common,
each owner thereof.