[Ord. No. 395, § 2; Ord. No. 650, § 1.]
Every owner of real property in the city shall keep such real
property free and clear from dirt, rubbish, weeds and rank growth
dangerous or injurious to neighboring property or the health or welfare
of residents of the vicinity with the purpose being to keep the area
aesthetically pleasing and to eliminate or prevent dangerous situations
with regard to health and fire. A weed is defined as a plant of no
value or of detrimental quality which could cause a hazard if left
alone due to fire, health or traffic safety or whose existence would
create a public nuisance.
[Ord. No. 395, § 1; Ord. No. 650, § 1.]
Every owner of real property in the city shall keep the adjacent
sidewalks, and parkings and to the center of the street, including
alleys, abutting on such property, free and clear of all grass, weeds
and trash that constitute a fire hazard, and other obstructions that
are dangerous or injurious to the health and welfare of the residents
of the vicinity.
[Ord. No. 650, § 1.]
Upon the failure of any owner of real property to remove or
clear away grass, weeds and other obstructions from the sidewalks,
parkings and abutting streets, or upon the failure or refusal of any
such owner of real property to remove or clear away weeds, rubbish
or other dangerous or injurious material from such real property,
the owner of such property shall be notified by the director of public
works or his authorized agent to remove the same within a period often
days. Such notice shall be in writing and may be served personally
upon such owner, or may be served by sending such notice first-class
mail, postage prepaid, to each person whom such real property is assessed
at the last equalized assessment roll available on the date of mailing
the notice. The address of the owner shown on the assessment roll
shall be conclusively deemed to be the proper address for the purpose
of mailing such notice; such notice shall be effective as of the date
of mailing.
[Ord. No. 395, §§ 4,
6, 8; Ord. No. 650, § 1.]
If, at the end of the period mentioned in the notice, the owner
has failed to remove the grass, weeds or other obstructions, rubbish
or other dangerous or injurious material, the director of public works,
or his authorized agent, shall cause such grass, weeds, rubbish, obstructions
or dangerous or injurious material to be removed from such real property,
sidewalk, parkings or the abutting street, and shall report the expense
of the work to the director of finance of the city. The director of
finance shall charge the expense, which shall include a ten dollar
handling fee, to the owner. If the owner fails or refuses to pay the
amount of the expense within the period of thirty days after being
billed therefor by the director of finance, the director of finance
shall report such unpaid expenses to the city council. Upon receipt
of such report, the city council shall set a date and time for the
hearing on the report, and notice shall be mailed to each person to
whom real property is assessed, in the last equalized assessment roll
available on the date of mailing the notice. The address of the owner
shown on the assessment roll shall be conclusively deemed to be the
proper address for the purpose of mailing such notice of hearing.
At the time fixed for the hearing on the report of expense,
the city council shall hear it with any objections of the property
owner liable to be assessed for such work or removal. The city council
may modify the report if it is deemed necessary. The city council
shall then confirm the report by resolution.
The resolution confirming the report shall direct the county
auditor to add the amount of unpaid expenses as shown on the report,
and as confirmed by the resolution, to the next regular municipal
tax bills assessed against the parcels shown in the report.
[Ord. No. 395, § 7; Ord. No. 650, § 1.]
The cost of removal of grass, weeds, rubbish, obstructions or
other dangerous or injurious material, including the ten dollar handling
fee, from each parcel of land shall constitute a special assessment
against the parcel of land. After the assessment is made and confirmed,
it is a lien on the parcel.
[Ord. No. 395, § 9; Ord. No. 650, § 1.]
The amount of the assessment shall be collected at the time
and in the manner of ordinary municipal taxes. If delinquent, the
amount is subject to the same penalties and procedure of foreclosure
and sale provided for ordinary municipal taxes.
[Ord. No. 395, § 5; Ord. No. 650, § 1.]
The director of public works, or his authorized agent, may enter
upon private property to remove grass, weeds, rubbish, obstructions
or dangerous or injurious material.
[Ord. No. 804, § 1.]
The provisions of sections 26-23 through 26-29, inclusive of this chapter, relative to the responsibility of property owners and the abatement procedures therein set forth shall also apply to the abatement of accumulated trash, scrap materials, and debris, which interfere with the public health, comfort, and safety of the city or will become a fire hazard, or a hazard to sanitation or a public nuisance as set forth in section 26-11 of this chapter.
