For the purposes of this chapter, the following words and phrases shall, when used in this chapter, have the following meanings:
"Commercial landscaping areas"
means all areas where plantings are required either by ordinance or when required as a condition to approval by the Architectural Commission in any commercial or industrial zone.
"Sprinkler system"
means a mechanical or electrical irrigation system for the distribution of water to the required landscaping.
"Trash"
means any cans, paper, junk, debris, glass, discarded lumber or waste material.
"Weeds"
includes any weeds or dead, diseased, damaged or overgrown vegetation of any type (including trees, shrubs, hedges, grass and ground cover).
(78-31)
All commercial landscaping areas shall be planted with suitable plants, shrubs, grass, ground cover and trees as may be required by the Architectural Commission or the department of community development.
(78-38)
All plantings shall be cut, pruned or trimmed as needed to prevent overgrowth of the landscaped area. Plantings shall be replaced as needed in accordance with the approved landscaping plan. All modifications to the approved landscaping plan shall be subject to review and approval by the department of community development or the Architectural Commission.
(78-38)
Failure to maintain any commercial landscaping area shall be considered a public nuisance and abated as set forth in this chapter.
(78-38)
The code enforcement officer of the City shall inspect the commercial landscaping areas and, where necessary, notify the owner of the real property or his or her agent to comply with this chapter.
(78-38)
An order of real property wherein the landscaped area is located, or his or her bona fide agent who has received an order from the City to correct any condition existing on the subject property, may request within fifteen days after such an order has been sent by registered mail, return receipt requested, or delivered by personal service, a hearing before the Architectural Commission sitting as a board of appeals.
(78-38)
Upon receipt of a written request to appeal a order to correct any condition existing on the commercial real property, the Architectural Commission shall fix a time and place of public hearing thereon, not less than fifteen days nor more than forty days thereafter. The Commission shall make a determination and announce is decision within forty days of such hearing. The decision shall determine the validity of the violation and the order to correct the conditions in question. In the event that the order to correct is upheld, the Commission shall determine that the condition on the property is a public nuisance. The Architectural Commission shall adopt a resolution which shall state the decision and shall set forth findings in support of the decision. A copy of the resolution shall be mailed to the applicant by the City Clerk.
(78-3)
The decision of the Architectural Commission may be appealed to the City Council within fifteen days of the date of mailing of that decision. Such request for appeal shall be made in writing to the City Clerk.
(78-3)
At the time and place of hearing, the City Council shall hear and consider all relevant evidence including, but not limited to, the report of the code enforcement officer, the resolution of the Architectural Commission, objections or protests relative to the existence of a nuisance because of the condition of the commercial landscaping area, and the manner proposed for abatement of the nuisance.
(78-38)
Upon the conclusion of said hearing, the City Council shall, on the basis of the evidence presented at such hearing, determine whether the condition of the commercial landscaping area constitutes a public nuisance. If the Council finds that a public nuisance exists, it shall, by resolution, order the same abated in a reasonable time to be set forth in the resolution. The determination of the City Council shall be final and conclusive.
(78-38)
An owner shall have the right to rehabilitate the commercial landscaping area at his or her own expense, provided the same is done prior to the expiration of the time set forth in the resolution of the City Council. If the compliance of the owner occurs within such time, the proceedings hereunder shall be deemed terminated. If such nuisance is not completely abated by the owner, as directed, within the time set forth by the City Council's resolution, then the City Manager shall cause the same to be abated by the City forces or private contract, and entry upon the premises is expressly authorized for such purposes.
(78-38)
Where the City Manager is required to cause the rehabilitation of the commercial landscaping in order to abate the nuisance determined by the City Council, he or she shall keep an accounting of the cost thereof, including incidental expenses of such abatement. Upon conclusion of such abatement, the City Manager shall submit his or her itemized statement of costs to the City Clerk. Upon receipt of such statement, the City Clerk shall cause notice of the time and place of such hearing to be given to the owner of the property to which the same relates, and to any other interested person who requests notice, by United States mail, postage prepaid, addressed to such person at his or her last known address, at least five days in advance of such hearing. The term "incidental expenses" includes, but is not limited to, the actual expenses and costs of the City in the preparation of notices, specifications and contracts, inspection of the work, and costs of printing and mailings required under this chapter.
(78-38)
At the time and place fixed for receiving and considering said report, the City Council shall hear and pass upon the report of the City Manager, together with any objections or protests raised by any of the persons liable to be assessed for the cost of abating such nuisance. Thereupon, the City Council may make such revision, correction or modification to said report as it may deem just, after which the report as submitted, or as revised, corrected or modified, shall be confirmed by resolution. Said hearing may be continued from time to time. The decision of the City Council shall be final and conclusive.
(78-38)
The City Clerk shall give notice of the City Council's decision to the owner of the property by United States mail, postage prepaid, addressed to such owner at his or her last known address.
(78-38)
The cost of abatement of the nuisance relating to the commercial landscaping area as confirmed by the City Council shall constitute a special assessment against the land to which it relates and, after its recording, shall constitute a lien on said property in the amount of such assessment. After the confirmation of said report, a copy thereof shall be transmitted to the assessor and the tax collector for the City, whereupon it shall be the duty of said assessor and tax collector to add the amount of such assessment, or assessments, to the next regular bills of taxes levied against said respective lot or parcel of land for municipal purposes, and thereafter said amount shall be collected at the same time and in the same manner as ordinary municipal taxes are collected, and shall be subject to the same penalties and the same procedure for foreclosure and sale in case of delinquency as provided for ordinary municipal taxes.
(78-38)