[CC 1995 §220.040; Ord. No. 422 §11, 8-10-2009]
A. 
Failure To Keep Weeds, High Grass, And Brush Cut And Removed, A Nuisance. Any lot or land shall be a public nuisance if it has the presence of debris of any kind including, but not limited to, weed cuttings, cut and fallen trees and shrubs, overgrown vegetation and noxious weeds which are eight (8) inches or more in height, rubbish and trash, lumber not piled or stacked twelve (12) inches off the ground, rocks or bricks, tin, steel, parts of derelict cars or trucks, broken furniture, any flammable material which may endanger public safety or any material which is unhealthy or unsafe and declared to be 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. 
Complaints, How Made. Any complaint by any person, including Police Officers, shall be made to the Board of Aldermen or their appointed representative. The Board of Aldermen or their appointed representative shall then review the complaint and any evidence produced in support thereof. If the Board of Aldermen or their appointed representative determines that there is a nuisance within the meaning of this Section, they or their appointed representative shall begin proceedings against the person or persons creating or maintaining such nuisance as provided in this Section.
D. 
Notice. Whenever the Chief of Police or his/her appointed representative determines that a violation of this Section has occurred, the Chief of Police shall cause written notice to be served upon the owner of the said lot or tract of land, if he/she can be located, or by the person occupying said lot or tract of land, by regular U.S. mail or by personal service. The notice shall state that the weeds upon said lot or tract of land are deemed to be a nuisance within the provisions of Subsection (A) hereof, and shall briefly state facts deemed to constitute such weeds a nuisance within the terms of this Section, and state that the nuisance is to be abated within seven (7) days from receipt of such notice.
E. 
Proceedings When Owner Or Custodian Cannot Be Located. When the owner or custodian of any nuisance as defined in Subsection (A) cannot be located by a reasonable search, the notice shall be attached to the property, briefly stating the facts deemed to constitute the property a nuisance and stating that the nuisance is to be abated within seven (7) days of the date the notice was posted.
F. 
Hearing. Whenever the owner or occupant of any nuisance as defined in Subsection (A) has been served with written notice as provided in Subsection (D) of this Section, the owner or occupant of said nuisance shall be given an opportunity to appear before the Chief of Police or other designated City official to be allowed a hearing on the existence of said nuisance. The right to a hearing shall be contained in the notice as provided in Subsection (D) of this Section. As stated in Subsection (D), the violator shall have seven (7) days to abate the nuisance or appear before the Chief of Police or other designated City official for a hearing. Should the violator fail to comply, and the Chief of Police or other designated City official declare the weeds to be a nuisance, pursuant to said hearing, the Chief of Police shall cause written notice to be served upon the violator, or by placing the notice on the property, stating the nuisance shall be abated after seven (7) days.
G. 
Disposition. If not removed within the time specified in this notice, the Chief of Police or his/her duly authorized representative shall immediately cut or remove or cause to be cut and removed, said weeds, high grass or brush and shall certify the costs of same to the City Clerk.
H. 
Entry Onto Private Property. The Chief of Police or his/her duly authorized representative may enter upon private property for inspection or for the purpose of removing any weeds, high grass and brush in accordance with this Section. If any person refuses to allow entry onto his/her private property, the Chief of Police may obtain a warrant from the proper official and proceed in accordance therewith.
I. 
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 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%) are annum.
J. 
Multiple Offenses. If weeds are allowed to grow on the same property in violation of this Section more than once during the same growing season, the Chief of Police or his/her appointed representative may order that the weeds be abated within seven (7) business days after notice is served on or sent to the property owner, or posted on the property. If the weeds are not abated, the Chief of Police or his/her duly authorized representative may proceed pursuant to the terms of Subsection (G) of this Section. After the second violation of this Section during the same growing season, the Chief of Police or his/her appointed representative may, without further notification, proceed pursuant to the terms of Subsection (G) of this Section.