[1]
Editor's Note: Prior ordinances codified herein include portions
of Ordinance Nos. 87-376 and 90-346.
[Ord. 2018-442; Ord. 2006-264 § 2; Ord. 2002-31 § 3 (part); Ord. 95-629 §§ 1 — 8; Ord. 94-168 § 1; Ord. 93-304]
As used in this chapter, the following words have the following
meanings:
A.
BOULEVARD – Means the property between a property owner's lot
or property line and the curb, or the travelled portion of the public
street, or the center line of the public right-of-way depending on
the absence of a curb or traveled portion.
B.
DIRECTOR – Means the neighborhood services director or designee,
unless otherwise stated.
C.
PROPERTY OWNER – Means the contract purchaser if there is one
of record, otherwise the record holder of legal title as indicated
in the Scott County Parcel query.
D.
DEVELOPED AREA – Means an area, except for one designated as
an agricultural district, under one of the City's zoning districts
upon which there exists one or more houses, businesses, or industrial
plants.
E.
URBAN STREET – Means the area from curb to curb, or in the
absence of curbing the travelled portion of the street, of a public
highway, street, road, lane, alley, or similar public way within the
jurisdiction of the City which is generally used for vehicular traffic.
F.
NATURAL AREA – Means an area of forest cover, open prairies,
wetlands, waterways, and areas certified as wildlife habitat.
G.
FOREST COVER – Means land which is predominantly wooded.
H.
OPEN PRAIRIES – Means hillside and/or natural gully areas of
one acre or more which have permanent grass cover.
I.
WETLANDS – Means an area of one acre or more that is mostly
under water or waterlogged during the spring growing season and which
area is characterized by vegetation of hydric soils.
J.
FARMLAND – Means an area of land suitable for the production
of farm products, those being plants or animals or the by-products
thereof which supply people with food, feed, fiber, or fur, which
is entirely, actively, and currently being used to produce such products.
K.
WATERWAY – Means a river, lake, pond, stream, creek, wetland,
or other watercourse and adjacent land where the use of that land
affects the integrity of the waterway.
[Ord. 2018-442; Ord. 2009-446 § 1; Ord. 2009-08; Ord. 2002-31 § 3 (part); Ord. 98-153 § 1; Ord. 95-269 § 9; Ord. 93-304]
All property owners shall maintain their property and the abutting
boulevard according to the following standards:
A.
In developed areas and other areas which lie within 100 feet of a
developed area or urban street, except for those areas otherwise hereinafter
regulated, all weeds, vines, brush, and other troublesome growth shall
be cut or destroyed to a height comparable to or lower than the ground
cover in the surrounding area. However, under no circumstances shall
the troublesome growth exceed nine inches in height.
B.
In areas of forest cover all weeds, vines, brush, and other troublesome
growth between the established treeline and the abutting developed
area or urban street shall be cut or destroyed to a height comparable
to or lower than the ground cover in the surrounding developed area.
However, under no circumstances shall the troublesome growth exceed
nine inches in height.
C.
All weeds, vines, brush, and other troublesome growth which occurs
within the public right-of-way of an urban street, including any drainage
ditch located therein, shall be cut or destroyed when such growth
exceeds nine inches in height.
D.
Natural areas, farmland, and publicly-owned open spaces may exceed
the standards established by this chapter except that any weeds, vines,
brush, and other troublesome growth which constitute a health, safety,
or fire hazard shall be cut or destroyed when such growth exceeds
two feet in height.
E.
In all other areas of the City all weeds, vines, brush, or other
troublesome growth shall be cut or destroyed when such growth exceeds
two feet in height.
F.
The abutting boulevard shall be kept in repair, free of holes, excavations,
protrusions, or other obstacles which could cause injury to the public.
G.
All residences are required to have and maintain landscaping. Except
for gardens, areas under lawful construction, and occasional small
patches, bare dirt is not landscaping and is prohibited, as are dead
vegetation and weeds.
H.
When such instances occur in areas designated as stormwater or drainage
easements, or areas approved to be natural areas by the director of
public works, or his designee, Section 13.34.1600 shall govern.
I.
Shrubs, bushes, and similar growth shall not: block the visibility
of traffic upon a roadway so as to create a hazard given the speed
limit and sight distance, be allowed to overgrow or encroach into
the space above the sill and directly in front of a window or door
opening, overgrow or encroach into the space directly above a path,
sidewalk, or service walk, overgrow or encroach unto the property
of another, or take on the appearance of being allowed to grow unpruned.
Volunteer trees within a front or side yard are prohibited.
[Ord. 2002-31 § 3
(part); Ord. 93-304]
A.
If the property owner fails to maintain the property as required
under this chapter and after notice is given as provided in this chapter,
the director shall order the work to be done.
B.
The total cost and expense of the work to be done, including any
administrative fees, shall be paid by the property owner. Failure
to pay shall result in the cost being assessed against the land as
provided by law. Costs may be established by the Council from time
to time by resolution.
[Ord. 2018-442; Ord. 2011-364; Ord. 2006-264 § 3; Ord. 2002-31 § 3 (part); Ord. 98-153 § 2; Ord. 93-304]
Notice to the property owner shall be provided as follows: The director shall cause to be published each year in a newspaper of general circulation within the City a notice stating that maintaining property as required under this chapter shall be done, that for violations of subsections A through C of Section 8.14.015 the property owner has until the growth reaches nine inches in height to cause the work to be done, and that for violations of subsections D through E the property owner has five calendar days to cause the work to be done. For violations of subsections F through I the property owner shall receive notice of the violation and five-day abatement period to correct by regular mail, certified mail or door posting. Further, the above notices shall state that failure to comply after notice will result in the City causing the work to be done, and the costs incurred by the City shall be assessed against the property in the manner provided by law. No further notice shall be required.
[Ord. 2002-31 § 3
(part); Ord. 93-304]
Each property owner shall be sent by first-class mail to the
address noted on the tax rolls of the City a bill for the work performed
informing the property owner of the cost of such work and the Council
intent to access the cost if not paid in 60 calendar days from invoice
date to the City Treasurer. Any bill remaining unpaid after the sixty-day
period may be assessed against the property in the manner provided
by law.
[Ord. 2015-118 § 10; Ord. 2002-31 § 3 (part); Ord. 93-304]
If a property owner objects to the amount or his or her liability to pay such amount, the property owner may appeal the billing pursuant to Section 2.86.020 of the City code. If appealed a hearing shall be scheduled and held pursuant to Chapter 2.86. If timely appeal is not filed, the amount and liability for said amount shall be conclusively presumed to be true.
[Ord. 2002-31 § 3
(part); Ord. 93-304]
If the director determines that a clear and compelling emergency
exists, the director may cause the necessary maintenance required
under this chapter to be done immediately without prior notification
to the property owner. Before the cost of the work can be assessed
to the affected property, the property owner shall be notified as
provided in this chapter and offered the opportunity to appeal as
provided in this chapter.
[Ord. 2018-442; Ord. 2007-268 § 2; Ord. 2002-31 § 3 (part); Ord. 98-153 § 3; Ord.
93-304]
Anyone who violates the provisions of this article is guilty
of a municipal infraction and upon conviction shall be fined as follows:
