It is unlawful for any person owning, claiming, occupying or
having supervision or control of any real property within the town
to permit weeds, grass or brush to grow to a greater height than twelve
inches upon any such real property or to permit the accumulation of
any other objectionable, unsanitary, or unsightly matter, including,
but not limited to, dead grass, tree limbs, or stumps; provided that
all vegetation not normally cultivated to a height which exceeds twelve
inches shall be presumed to be objectionable, unsanitary and unsightly.
It is the duty of each person to keep the area from the line of his
property to the curbline adjacent to it free and clear of the matter
referenced in this section. It is also the duty of each person to
not permit any weeds, grass, vines, briars or other growing plants
to extend over any sidewalk or curb bordering any lot, grounds or
premises to an extent greater than four inches. Failure to do so shall
constitute a misdemeanor.
(Ordinance 2000-04, sec. 2 (8.32.010),
adopted 9/11/00)
(a)
In the event that any person owning, claiming, occupying or having supervision or control of any real property fails to comply with the provisions of section 5.03.131 of this division, said person may be given notice to comply with the provisions of this division. Said notice shall be given by letter addressed and delivered to such person either by mailing it to the owner at the owner’s address as recorded in the appraisal district records of the appraisal district in which the property is located or by personal delivery. If notice cannot be made in such manner, notice shall be given by publication at least once, or by posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates, if the property contains no buildings. If the notice is mailed to the property owner in accordance with this section and the United States Postal Service returns the notice as “refused” or “unclaimed,” the notice is considered as delivered. If the notice is given by mail, the date of notice is the date of delivery. If the date of delivery is not known, then notice given by mail is deemed to be delivered three (3) days after the date mailed. If notice is made by publication, the publication shall be in a newspaper of general circulation in the community.
(b)
After
the expiration of seven (7) days from the date the notice required
above has been mailed and delivered or personally delivered, or published
or posted, the town may enter the subject premises in accordance with
this section and do or cause to be done any work necessary to bring
such premises into compliance with this division.
(c)
In
a notice provided under this section, the town may also include terms
of an annual notice which conforms to this section. The annual notice
terms shall inform the owner by regular mail and a posting on the
property 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
town without further notice may correct the violation at the owner’s
expense and assess the expense against the property. If a violation
covered by the terms of the annual notice occurs within a one-year
period, and the town has not been informed in writing by the owner
of an ownership change, then the town without further notice may do
the work or make the improvements required and pay for the work done
or improvements made and charge the expenses to the owner of the property
as provided in this section.
(Ordinance 2000-04, sec. 2 (8.32.020),
adopted 9/11/00)
The town, in addition to the remedy specified in section 5.03.132 of this division, also has the power to cause any of the improvements listed in section 5.03.132 of this division to be done at the expense of the town on account of the owners and cause such expense thereof to be addressed [assessed] on the real estate, lot or lots upon which such expense is incurred, including the cost of delivering and posting notice and of publishing notice in the newspaper and any legal expenses and costs incurred by the town because of the abatement. On filing a statement of such expenses incurred with the county clerk, the town shall have a privileged lien thereon, second only to tax liens and liens for street improvements, to secure the expenditures so made and ten percent interest on the amount from the date the town incurs the expense. The lien shall be filed by the city manager or his designee, and shall state the name of the owner, if known, and the legal description of the property. For any such expenditures and interest, as aforesaid, suit may be instituted and recovery and foreclosure had in the name of the town. The statement of expense filed with the county clerk or a certified copy thereof shall be prima facie proof of the amount expended in any such work or improvements.
(Ordinance 2000-04, sec. 2 (8.32.030),
adopted 9/11/00)
(b)
The town must give notice, in the manner provided in section 6.02.004, to the property owner no later than the tenth (10th) day after the date the town abates weeds under this section. The notification shall contain:
(1)
An identification, which is not required to be a legal description,
of the property;
(2)
A description of the violation of this article that occurred on the
property;
(3)
A statement that the city abated the weeds; and
(4)
An explanation of the property owner’s rights to request an
administrative hearing regarding the city’s abatement of the
weeds.
(c)
The
town shall conduct an administrative hearing on the abatement of weeds
under this section if, not later than the thirtieth (30th) day after
the date of the abatement of the weeds, the owner files a written
request for a hearing with the town.
(d)
The
town shall conduct the administrative hearing not later than the twentieth
(20th) day after the date a request for hearing is filed. At the administrative
hearing, the owner may testify or present any witnesses or written
information relating to the town’s abatement of the weeds.
(Ordinance adopting Code)
