[Ord. No. 16-05 §1, 2-11-2016]
A. Any owner or possessor of a tract of realty within the City which
tract is three acres or more in size and upon which such owner or
possessor desires to grow and harvest hay must first obtain a permit
from the City.
B. Hay/grass upon realty for which a hay permit has been issued must
be cut and baled a minimum of one time each calendar year and shall
under no circumstances be permitted to grow to a height more than
twenty-four (24) inches without being cut and baled.
C. If any realty for which a hay permit has been issued also has a residential
structure located upon it, such hay permit shall not extend to the
twelve-thousand-square-foot area immediately surrounding such residential
structure (yard) which area shall be subject to all City regulations
requiring that all grass or weeds not exceed a height of twelve (12)
inches.
D. Realty for which a hay permit has been issued, but on which the hay/grass has not been cut and baled as required, will result in a seven-day written notice being sent to the owner or possessor to whom the permit was issued. The notice shall direct such owner or possessor to cut and bale the hay/grass within seven (7) days of the date of the notice. If the owner or possessor of such realty fails to cut and bale the hay/grass within seven (7) days, a citation may be issued by the City's Abatement Officer, or any City Police Officer, summoning such person into the Billings Municipal Court for the public nuisance of permitting grass or weeds to grow in excess of a height of twelve (12) inches pursuant to the provisions of Section
215.020 of the Code of Ordinances. If any owner or possessor of such realty is thereafter convicted, and the owner or possessor fails to cut the hay/grass/weeds within the time set by the court; or if no such time is set, within seven (7) days after such conviction, the City may proceed to have the hay/grass/weeds cut, and the possessor or owner of the realty shall be billed therefor. If such bill is not paid within forty-five (45) days thereafter, a lien will be placed upon the realty, and the hay permit will be revoked.
E. If the City has undertaken to have hay/grass/weeds cut at City expense,
the City Clerk shall thereafter cause a special tax bill against the
realty to be prepared, and filed with, and collected by the County
Collector together with other taxes assessed against the realty. The
tax bill from the date of its issuance shall remain a lien on the
realty until such time as the same is paid, and such tax bill shall
be prima facie evidence of its validity and the matters recited therein.
Clerical errors, or informalities in the issuance or filing of the
special tax bill, or in the proceedings leading up to the issuance
thereof, shall not be a defense thereto.
F. All applicants for hay permits shall be charged a fee of five dollars
($5.00) for the review of such application and the issuance, if any,
of a hay permit. Hay permits may be revoked at any time by the City
due to an applicant's failure to adhere to the letter or spirit
of this Article. Nothing herein shall require the issuance of a hay
permit to any applicant.