[Ord. No. 104 §2, 7-15-1996; Ord. No. 640 §1, 6-20-2011; Ord. No. 668 §5, 3-18-2013]
A.
Nuisance Prohibited. No person shall cause or permit any weeds or rank vegetation growth to attain a height in excess of eight (8) inches upon any property located within the City; provided however, that with regard to undeveloped property in excess of three (3) acres, this Article shall apply only to the portions of such property within one hundred (100) feet of any street right-of-way or any adjoining property. Any owner who shall cause or permit any weeds or rank vegetation growth to attain a height in excess of eight (8) inches shall be deemed to have committed a public nuisance.
B.
Notice. Whenever the City Administrator or his/her designee determines that weeds or grass have been allowed to grow on property in excess of eight (8) inches in height, he/she shall notify the owner or owners of the property, as their names may appear on the official records of the City, that the growth of such weeds or grass constitutes a public nuisance under this Article and that a hearing has been scheduled with no less than four (4) 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. The notice shall state the time, place, and date of the scheduled hearing and advise that the property owner may be represented by counsel and will have a chance to be heard and present evidence to dispute the charge that he/she is maintaining a nuisance on his/her property in violation of this Article.
C.
Hearing. The hearing shall be scheduled not less than four (4) days from such notice, at which the Mayor or his/her designee shall immediately determine, after consideration of evidence presented by the City and property owner, if present, whether the cited or noticed conditions on the property constitute a public nuisance and whether abatement is appropriate. If so, the Mayor may order the owner or owners to abate said nuisance within five (5) business days of said order. The order shall be in writing and provided at the hearing or to the property owner in accordance with Section 215.160(B) of this Article.
D.
Appeal. Any person aggrieved by the determination of the hearing officer may seek judicial review, within five (5) business days of the date of the determination, by:
E.
Abatement And Lien. If, after an adverse determination, the property owner or owners fail either to abate the nuisance or to pursue judicial review within the time allowed, the City may immediately thereafter enter upon the property to cut down and remove such growth. Any costs incurred by the City in so doing may be taxed against the property as a special tax bill and from the date of issuance shall be a first (1st) lien on the property until paid and prima facie evidence of the recitals therein and of its validity. The City is further authorized to record such a lien against the property involved to the extent of its special tax bill and to take such further legal action as may be necessary to collect the same. The City may charge its costs of collecting the tax bill, including reasonable attorneys' fees and notice and recording fees, in the event a lawsuit is required to enforce a tax bill.
F.
Repeat Violations. If weeds or grass are allowed to grow on the same property in violation of this Article more than once during the same growing season:
1.
The City Administrator may order the owner or owners to abate the same within five (5) business days after notice of such order is delivered, after which the City may abate the same and the costs thereof shall be taxed and enforced as provided in Section 215.160(E) of this Article; or
2.
The City may, without further notice, abate the same and the costs thereof shall be taxed and enforced as provided in Section 215.160(E) of this Article.
G.
Violation And Penalty. In addition to the remedial provisions set forth in this Section and in order to protect, promote, and preserve the public health and safety, it is hereby declared that any person owning any lot within the City and permitting or suffering a growth of weeds or grass thereon in excess of eight (8) inches from the soil shall be guilty of violating this Article and shall be punished upon conviction as provided in Section 100.140 of this Code. Nothing herein shall prevent the City from pursuing any other remedy available by law.