[Ord. No. 390, 7-15-2013; Ord.
No. 472, 6-29-2020; Ord. No. 485, 6-15-2022]
A. Declaration of Nuisance. The presence of weeds, brush and other rank
vegetation of a height of more than eight (8) inches allowed to grow
and stand upon any lot or tract of ground, including any right-of-way
that might be adjacent thereto, within the City limits is hereby deemed
and declared to be a nuisance and in violation of this Article, and
shall be a misdemeanor. Each day on which such violation continues
shall constitute a separate offense.
B. Duty to Cut Weeds. The owners or occupants of lots or tracts of land,
including any right-of-way that might be adjacent thereto, are hereby
required to keep high weeds, brush and other rank vegetation cut to
a height of eight (8) inches or less, and any owner or occupant of
the lot or tract of land failing to do so shall be deemed guilty of
a misdemeanor. Each day on which such violation continues shall constitute
a separate offense.
C. Abatement by City.
1.
If the owner or occupant of property fails to comply with Section
215.120, the City shall be required to give notice to the owner of such violation. The Chief of Police or other designated City personnel shall give notice of violation in person or by posting such notice on the premises requiring the violation to be corrected within three (3) days. After the three (3) day notice expires, the City may enter upon the lots and cut and remove the weeds, brush and other rank vegetation. Consideration will be given if the weather prohibits the owner/occupant from performing the required tasks. The cost of the cutting or removal of the weeds, brush and other rank vegetation shall be charged to the property owner. The property owner will be given sixty (60) days to pay the violation fee. If payment is not made within the sixty (60) days, a special lien against the lots and tracts of land and a special tax bill will be issued. There will be a minimum charge of one hundred dollars ($100.00) if the City cuts and removes weeds, brush or other rank vegetation.
2.
Work May Be Done by City or Private Contractor. If weeds, brush
and rank vegetation have not been cut or removed from the premises,
the City or its designated representatives may cause the weeds, brush
and rank vegetation to be cut and removed by its employees on a cost
basis, or, in the alternative, by request bids from private individuals
either on the basis of individual lots or on a square-foot basis for
a period of time not to exceed one (1) year covering present and future
weeds, brush and high rank vegetation removal during the period of
the contract. The cost of cutting or removal of the weeds, brush and
rank vegetation shall be charged to the property owner. The owner
will be given sixty (60) days to pay the bill. If payment is not made
within sixty (60) days, a special lien against the lots and tracts
of land and a special tax bill will be issued therefor.
3.
Payment of Costs; Costs Declared Lien; Special Tax Bill.
a.
The cost of cutting and removing weeds, brush and other rank
vegetation, and the abatement of the nuisances caused thereby, may
be assessed and collected as a lien on the property affected thereby.
As soon as the costs of the cutting and removal of weeds and rank
vegetation and the abatement of the nuisance caused thereby shall
be determined, the City shall notify, by letter deposited in the United
States mail, the owners, lessees or agents in control of the property
of the cost. If after sixty (60) days after the mailing of the notices
the costs of cutting and removing the weeds, brush and rank vegetation
and the abatement of the nuisance caused thereby is not paid, the
City shall assess and charge against the tracts of land from which
the weeds, brush and rank vegetation have been cut or removed the
cost of the cutting or removal, which assessment shall be a lien on
the property charged from the date of the issuance of a special tax
bill, which shall bear interest at the rate of seven percent (7%)
per annum until paid. Within sixty (60) days after the issuance of
the tax bill, the director of finance shall record the tax bill in
the special tax record, showing the property assessed the date of
issuance and the rate of interest thereon.
b.
Immediately upon receipt of such special tax bill, the City
shall give notice, by mail or otherwise, as may be provided by ordinance,
to the parties named in such tax bill, of the issuance of the tax
bill against the tracts of land in which they appear to be respectively
interested as appears by such assessment, describing such tracts of
land and stating in general terms for what purpose such tax bills
were issued, and the amount, rate of interest and when and where payable.