The owners, lessees and occupants of all lots within the City shall keep such lots and the sidewalks adjoining the same clean and clear of all grass, rubbish and weeds, to the outer line street curb adjoining such lots.
(Ord. 154 §2, 1975)
It is unlawful for the owner, lessee or occupant of any building, grounds or lot within the City to maintain thereon or on adjacent sidewalks any weeds, rubbish or grass.
(Ord. 154 §1, 1975)
It shall be the duty of the Fire Chief to make periodic inspections of all property, lands and lots in the City, and whenever or wherever he or she shall find any grass, rubbish or weed, or other material likely to become easily ignited, he or she shall give notice to remove such grass, rubbish, weeds or other easily combustible material, as provided in Section 8.16.040 of this chapter.
(Ord. 154 §3, 1975)
A. 
Posting. Such notice shall be given by posting a notice in a conspicuous place upon the property, lots or buildings upon or in which such grass, rubbish, weeds or other easily combustible material is found, which notice shall be headed, "Notice to Clean Premises," in letters not less than one inch in height, and which, in legible characters, shall direct the removal of such grass, rubbish, weeds or other combustible material within 14 days from the posting or service thereof, which date of posting or service shall be stated in the notice.
B. 
Mailing. A copy of such notice shall also be sent by mail to the property owner, as shown on the last equalized assessment roll.
(Ord. 154 §4, 1975)
A. 
Upon a request by the owner, occupant or lessee of the land, received by the City Clerk within 10 days after the mailing of the notice of intention to abate and remove, a public hearing shall be held by the Council on the question of the abatement and removal of the grass, rubbish or weeds, and the assessment of the administrative costs and the costs of removal of such grass, rubbish or weeds against the property on which the grass, rubbish or weeds are located.
B. 
If the owner of the land submits a sworn written statement denying responsibility for the removal of such grass, rubbish or weed within such 10-day such statement, shall be construed as a request for a hearing which does not require his or her presence. Notice of the hearing shall be mailed by registered or certified mail, at least 10 days before the hearing, to the owner, occupant or lessee of the land.
C. 
If such a request for the hearing is not received within 10 days after mailing of the notice of intention to remove, the City shall have the authority to abate and remove the grass, rubbish or weeds as a public nuisance, without holding a public hearing.
(Ord. 154 §5, 1975)
A. 
All hearings held pursuant to the provisions of this chapter shall be held before the Council, which shall hear all facts and testimony it deems pertinent. Such facts and testimony may include testimony on the condition of the property. The Council shall not be limited by the technical rules of evidence. The owner of the land on which the grass, rubbish or weeds are located may appear in person at the hearing, or present a sworn written statement in time for consideration at the hearing.
B. 
The Council may impose such conditions and take such other action as it deems appropriate under the circumstances to carry out the provisions of this chapter. It may delay the time for removal of the grass, rubbish or weeds conclusion of the public hearing, the Council may find that the grass, rubbish or weeds are a public nuisance, and order the same removed from the property or adjacent sidewalk, or both, and determine the administrative costs and the cost of removal to the charged against the owner of the land.
(Ord. 154 §6, 1975)
Should such owner or occupant fail, refuse or neglect to remove such grass, rubbish, weeds or other easily combustible material within such time as may be prescribed, the Fire Chief may employ labor and equipment to have the same done under his or her direction at the expense of the City and upon the payment of the cost by the City. Such owner of the property shall be indebted to the City for the cost thereof, and there shall be created a lien against such property in an amount equal to all costs involved in such work. In an action to recover the costs thereof, the City shall be entitled to recover in such action a reasonable attorney's fee, to be fixed by the court, and to be paid in addition to the costs of such work by the owner of such property.
(Ord. 154 §7, 1975)
Any person guilty of violating any of the provisions of this chapter, or performing any act declared by this chapter to be unlawful, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punished by fine and/or imprisonment in accordance with the general penalty provision then in effect in the City, pursuant to Chapter 1.08 of this code, as amended.
(Ord. 154 §8, 1975; Ord. 86-271 §25)