[Added 6-5-2018 by Ord.
No. 3-2018]
It shall be unlawful for any owner, lessee or occupant or any
agent, servant, representative or employee of any owner, lessee or
occupant having control over any lot or land adjoining land on which
is situated a dwelling house or building to permit or maintain on
any such lot or land any growth of weeds, grass, brush or other rank
vegetation to a height higher than eight inches, on the average, on
such portion of the lot or land, including the public right-of-way,
that is bounded by the street or highway abutting the property on
the front and the front line of the dwelling house or building, including,
as well, any side lawn or lawns abutting upon any lot upon which is
situated a dwelling house or building, and to a depth at least equal
to 50 feet beyond the rear line of the dwelling house or building
or to the rear property line, whichever is lesser. All such grass,
brush, weeds, or other rank vegetation shall be maintained and kept
uniformly in height so as not to detract or devalue adjoining properties.
It shall also be unlawful for any such person or persons to cause,
suffer or allow poison ivy, ragweed, Canada thistle or other poisonous
plant or plants detrimental to health to grow on any such lot or land
in such manner that any part of such ivy, ragweed, Canada thistle
or other poisonous or harmful weed shall extend upon, overhang or
border any public place or allow to seed or allow pollen or other
poisonous particles or emanations therefrom to be carried through
the air into any public place.
It shall be the duty of any owner, lessee or occupant of any lot or land to cut and remove or cause to be cut and removed all such weeds, grass, brush or other rank, poisonous or harmful vegetation as often as may be necessary to comply with the provisions of § 73-7.
A.
If the provisions of the foregoing sections are not complied with,
a Code Enforcement Official for the City of Oneida, which may include
the Codes Enforcement Officer, Community Service Officer, and/or Housing
Inspector, shall serve written notice upon the owner to comply with
the provisions of this article. Such written notice shall be served
by certified mail, return receipt requested, or personal service upon
the owner, as set forth in the last filed tax roll.
B.
If the person upon whom the notice is served fails, neglects or refuses
to cut and remove or to cause to be cut and removed such weeds, grass,
brush or vegetation within five days after receipt of such notice
or if such notice was served by posting upon the premises, then, within
five days after such posting upon the premises, the aforementioned
Code Enforcement Official shall cause such weeds, grass, brush or
other vegetation on such lot or land to be cut and removed without
need of Council resolution, and the actual cost of such cutting and
removal, plus 50% for administrative expenses, shall be presented
to the City Chamberlain; said costs shall thereupon become a lien
upon the property on which such weeds, grass, brush and other vegetation
were located and shall be added to become a part of the taxes next
to be assessed and levied upon such lot or land, shall bear interest
at the same rate as taxes and shall be collected and enforced by the
same City official and in the same manner as taxes. In no event shall
the special assessment levied under this section be less than $100.
Any and all properties, tracts or parcels having or maintaining
any type of material used or kept as or for the purpose of composting
must be contained or stored in compliance with applicable setback
requirements and must be contained and kept in a manner as not to
spread, leak or scatter from such containment. Contents used for this
purpose may not contain sticks, brush, wood, animal feces or other
material not meant for normal composting and in a manner which is
not unsightly, does not emit any noxious odor, and which does not
detract or devalue adjoining properties. Such containment or storage
may not exceed five feet by 10 feet and shall not exceed a height
of four feet.
Once the notice has been sent to the property owner in accordance with § 73 -10A and the City has removed the weeds, grass, brush or other vegetation in accordance with § 73-10B, then no further notice is required in the same calendar year before the City removes said weeds, grass, brush or vegetation. The City will be entitled to perform said removal once the property is in violation of § 73-7 again. Each separate removal will become an additional lien on the property in accordance with § 73-10B. The notice required in § 73-10A shall recite that no further notice will be given for subsequent violations in the same calendar year.
Any person who shall neglect to cut and remove weeds, grass, brush or other vegetation as directed in this article or who shall fail, neglect or refuse to comply with the provisions of any notice herein provided or who shall violate any of the provisions of this article or who shall resist or obstruct the Common Council as officers of the City of Oneida or its/their employees or designees in the cutting and removal of weeds, grass, brush and other vegetation shall, upon conviction thereof, be subject to a fine of not less than $100 nor more than $250. These penalties shall be in addition to the special assessment imposed under § 73-10B.
