[CC 1964 §640.020; Ord. No. 284 §640.020, 7-6-1993; Ord. No. 2018-015, 9-11-2018; Ord. No. 2023-006, 6-12-2023]
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 and on the right-of-way of all adjacent roads,
streets or highways cut and removed. Whenever such weeds, high grass
or other vegetation shall attain the height of eight (8) inches, it
shall be deemed a public nuisance.
B. Unlawful To Maintain Such A 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. Abatement Procedure. In addition to the ordinance violation described in subsection
(A) and/or
(B) above, punishable as set forth in Section
100.220 of this Code, the City may also abate the nuisance by the following procedure:
1. Notice. The Mayor or their designee shall give a hearing after ten
(10) days' notice thereof, either personally or by United States Mail
to the owner or owners, or occupiers or his/her or their agents, or
by posting such notice on the premises; thereupon, the Mayor or their
designee may declare the weeds, high grass or other vegetation to
be a nuisance and order the same to be abated within five (5) days.
2. Disposition. In case the weeds, high grass or other vegetation are
not cut down and removed within the five (5) days, the Mayor or their
designee shall have the weeds, high grass or other vegetation cut
down and removed and shall certify the costs of same to the City Clerk.
3. 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.