For purposes of this article, the term “premises”
means the lot, plot or parcel of land, plus the front or side parkway
between the property line or sidewalk and the curb or traveled way,
and the rear or side parkway between the property line and the centerline
of an adjacent alley.
(1990 Code, sec. 4.401(b))
It shall be unlawful for any person owning, occupying or controlling
any premises within the city to permit any weeds or grass to grow
to a height greater than twelve inches (12") upon the premises. Any
premises upon which weeds or grass are permitted to grow to a height
greater than twelve inches (12") shall be deemed a nuisance or a fire
hazard and as dangerous to public health.
(1990 Code, sec. 4.401(a))
It shall be the duty of the enforcement official of the city
to notify the owner, occupant, or person in control of any premises
within the city, not classified and zoned as agricultural, on which
there exists a violation of the terms of this article, to remove such
weeds or grass within seven (7) days of such notice. The notice shall
be by citation in writing and may be served by handing it to him or
her in person, or by mail, to such owner, occupant or person in control
of the premises at his or her respective post office address. If personal
service cannot be had or the owner’s address not be known, the
notice must be given by publication at least one (1) time or by posting
the notice on or near the front door of each building on the property
to which the violation relates or by posting the notice on a placard
attached to a stake driven into the ground on the property to which
the violation relates. The notice may inform the owner that if the
owner commits another violation of the same kind or nature that poses
a danger to the public health and safety on or before the first anniversary
of the date of the notice, the city without further notice may correct
the violation at the owner’s expense and assess the expense
against the property.
(Ordinance 05-054, sec. 1 (4.402),
adopted 4/26/05; Ordinance adopting
Code)
(a)
Upon the failure or refusal of the owner, occupant or person in control of premises to comply with section 24.07.002 hereof, within seven (7) days as directed, or if another violation of the same kind or nature occurs that poses a danger or risk to the public health or safety on or before the first anniversary of the date of the notice (unless the city has been notified in writing by the owner of a change in ownership of the premises), or if personal service may not be had as aforesaid or the owner’s address not be known, the city may have the weeds or grass cut.
(Ordinance 05-054, sec. 1 (4.403),
adopted 4/26/05; Ordinance adopting
Code)
(a)
If the city cuts weeds or grass at the request of a property owner or upon the failure of the owner to comply with the notice required under section 24.07.004 hereof, charges in the amount of the total actual costs incurred by the city in performing the work, including administrative expenses, which include but are not limited to general overhead of administrative expense of inspection, locating owner, issuing notice, reinspection and ordering work done, together with all necessary incidents of same, require a reasonable minimum charge as provided in section A24.07.005 of the fee schedule in appendix A to this code, plus the actual cost of mowing. Such minimum charge is hereby established and declared to be an expense of such work and improvement. Said administrative expenses shall be collected from the owner or levied, assessed, and collected against the property on which the work is performed each time such cutting is performed. The cost of cutting shall include mowing, moving, or otherwise disposing of obstructions, such as trees, shrubs, brush, excavations, foundations, demolished structures or any other similar obstruction. The charges shall be collected by the enforcement manager. If the charges are not paid within thirty (30) days after notice to the property owner that the charges are due, the enforcement manager, or his or her designee, shall file with the county clerk a statement signed by the enforcement manager for the total actual costs incurred by the city, as required by state law. The enforcement manager shall have the authority to collect said charges through use of a collection agency. Said collection agency shall be engaged in accordance with any and all applicable provisions of the city charter, city code, or state law.
(b)
The city shall have a privileged lien on the premises second only
to tax liens and liens for street improvements, to secure the expenditures
so made by the city plus ten percent (10%) interest on that amount
from the date the costs were incurred by the city. For any such expenditures
and interest, suit may be instituted and recovery and foreclosure
had in the name of the city; and the statement so made by the city
sanitarian, or a certified copy thereof, shall be prima facie proof
of the amount expended in any such work or improvements.
(c)
If the city cuts weeds or grass at the request of a property owner or upon the failure of the owner to comply with the notice required under section 24.07.004, and where mowing is performed by a city employee, in addition to the administrative fee, the actual cost of mowing shall be as provided in section A24.07.005 of the fee schedule in appendix A to this code. Additional charges for disposing of debris and obstructions may be assessed.
(1990 Code, sec. 4.404; Ordinance 04-174, sec. 1, adopted 10/26/04; Ordinance 06-037, sec. 1, adopted 3/28/06; Ordinance adopting Code)
(a)
Upon conviction of an offense under this article, a fine not to exceed
$500.00 shall be assessed. If the person has been previously convicted
under this article, an offense under this article is a misdemeanor
to be punished by a fine of not less than $100.00 and not to exceed
$500.00.
(b)
If there is proof of the person being previously convicted twice
under this article, an offense under this article is a misdemeanor
to be punished by a fine of not less than $200.00 and not to exceed
$500.00.
(c)
If there is proof of the person being previously convicted three
times under this article, an offense under this article is a misdemeanor
to be punished by a fine of not less than $300.00 and not to exceed
$500.00.
(d)
If there is proof of the person being previously convicted four times
under this article, an offense under this article is a misdemeanor
to be punished by a fine of not less than $400.00 and not to exceed
$500.00.
(e)
If there is proof of the person being previously convicted five times
under this article, an offense under this article is a misdemeanor
to be punished by a fine of $500.00.
(f)
A person who violates this article is guilty of a separate offense
for each day or part of day the violation is committed, continues,
or permitted.
(1990 Code, sec. 4.405)
