[Ord. 583, 8/8/1960, Section 1{60}; amended by Ord. 1217, 8/5/1988, Section 1]
The following words, when used in this ordinance, shall have the meanings ascribed to them in this section:
NOXIOUS VEGETATION
Any grass, weed or herbaceous vegetation whatsoever, but excluding edible plants and/or useful or ornamental plants that have been planted, cultivated, and maintained in an orderly manner.
OCCUPANT
Any person living and/or sleeping in a dwelling or having possession of a space within a building.
OWNER
Any person, agent, operator, firm or corporation having a legal or equitable interest in the property; or recorded in the official records of the municipality as holding title to the property; or otherwise having control of the property, including the guardian of the estate of any such person, and the executor or administrator of the estate of such person if ordered to take possession of real property by a court.
PERSON
Any individual, partnership, corporation, association, institution, cooperative enterprise, or any other legal entity whatsoever which is recognized by law as the subject of rights and duties.
PREMISES
A lot, plot or parcel of land, whether improved or unimproved, including portions occupied by a street or alley and portions of land between sidewalks and streets.
[Ord. 583, 8/8/1960, Section 2; amended by Ord. 1217, 8/5/1988, Section 2]
No person having a legal or equitable interest in premises, or recorded in the official records of the municipality as holding title to premises, or otherwise occupying or having control of premises within the Municipality shall permit any noxious vegetation to grow or remain on such premises, including any portion of the premises, so as to exceed a height of six inches, or to conceal any solid waste, or to create or to produce pollen. All such noxious vegetation in hereby declared to be a nuisance and detrimental to the health, safety and welfare of the residents of the Municipality.
[Ord. 583, 8/8/1960, Section 3; amended by Ord. 1217, 8/5/1988, Section 3]
A person who is an owner and/or occupant of any premises shall remove, trim or cut all such noxious vegetation growing or remaining upon such premises in violation of the provisions of § 9-302 of this chapter. Both the owner and the occupant shall be responsible for the compliance with this ordinance.
[Ord. 583, 8/8/1960; amended by Ord. 804, 6/6/1972; Ord. 1217, 8/5/1988, Section 4]
In addition to the penalties as hereinafter imposed in § 9-305 of this chapter, Council, or any officer or employee of the Municipality designated thereby for the purpose, is hereby authorized to give notice, by personal service or by United States mail, to the owner or the occupant, or either of them, of a violation of the terms of this ordinance, directing and requiring such occupant or owner or both of them to remove, trim or cut such grass, weeds or vegetation so as to conform to the requirements of this ordinance, within 72 hours after issuance of such notice. If any owner or occupant shall neglect to comply with such notice within the period of time stated therein, the municipal authorities may remove, trim or cut such grass, weeds or vegetation so as to comply with the provisions of this ordinance, and the reasonable cost thereof, together with any additional penalty authorized by law, may be collected by the Municipality from such owner or occupant as a penalty under the provisions of this ordinance, or in any other manner provided by law. This right, as herein vested in the Municipality, shall be in addition to penalties prescribed by the provisions of this ordinance for the failure of the owner or occupant, as aforesaid, to comply with the terms of this ordinance.
[Ord. 583, 8/8/1960, Section 5; amended by Ord. 1126, 12/19/1985, Section 1; Ord. 1217, 8/5/1988, Section 5; Ord. 1642, 12/11/2000, Section 4; Ord. 1889, 12/17/2007, Section 5]
Any person, firm, partnership or corporation who or which shall violate any of the provisions of this ordinance shall, upon conviction thereof, be sentenced to pay a fine not less than $100 nor more than $600 and costs of suit. Each day's violation shall constitute a separate offense and notice to the offender shall not be necessary in order to constitute a separate offense, nor shall notice to the offender be necessary in order to constitute an offense. In default of payment of the penalty stated herein, such offender may be committed to the County Jail for a period not exceeding 10 days.
[Ord. 583, 8/8/1960, Section 6; amended by Ord. 820-A, 3/5/1973; Ord. 1126, 12/19/1985, Section 2; Ord. 1217, 8/5/1988{61}; Ord. 1642, 12/11/2000, Section 4; Ord. 1889, 12/17/2007, Section 5]
a. 
Upon the discovery of the initial violation on a premises during a growing season (April through October), the authorized agent of the Municipality shall give a written notice of warning to the owner and/or occupant of such violation. The owner and/or occupant shall then have 72 hours to abate such violation.
b. 
After a period of no less than 72 hours after the issuance of the warning notice, the Municipality's authorized agent may inspect the premises for compliance with this ordinance.
If, after the 72 hours' warning time and within the same growing season, the Municipality's authorized agent observes the premises to again be in violation, an ordinance violation notice shall be issued to the owner and/or occupant either by personal delivery, by United States mail directed to the last known address, or by posting the violation notice upon the premises where such violation occurs. Each twenty-four-hour period shall constitute a separate violation and an ordinance violation notice may be issued every 24 hours.
If such owner and/or occupant notified shall, within seven days after the delivery, mailing or leaving of such violation notice, pay to the Treasurer of the Municipality the sum of $50 for the violation, the same will constitute full satisfaction for the violation noted in said notice. The failure of such person to make payment, as aforesaid, within seven days shall render such owner and/or occupant subject to the penalties as provided for in § 9-305 of this chapter.