[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:
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.
Any person living and/or sleeping in a dwelling or having
possession of a space within a building.
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.
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.
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.
