All weeds growing upon private property within the City which
bear seeds of a wingy or downy nature, or attain such a growth as
to become a fire menace when dry, or which are otherwise noxious or
dangerous, may be declared to be a public nuisance by resolution of
the City Council and thereafter abated.
(Prior code §20.69)
The resolution adopted pursuant to Section
8.24.010 shall describe the property upon which the nuisance exists by giving the lot and block number of the same according to the official map or to the assessment map of the City used for describing property on tax bills and no other description of the property shall be required.
(Prior code §20.70)
Any number of parcels of property may be included in one and
the same resolution declaring the nuisance.
(Prior code §20.71)
After the passage of the resolution as provided by Sections
8.24.020 and
8.24.030, the Street Superintendent shall cause to be conspicuously posted in front of the property on which the nuisance exists at not more than 100 feet in distance apart, and not less than three in all, notices headed: "Notice to destroy weeds." Such heading shall be in letters not less than one inch in height and the notice shall be substantially in the following form:
NOTICE TO DESTROY WEEDS
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NOTICE IS HEREBY GIVEN, that the day of ________, 20___, the
City Council passed a resolution declaring that noxious or dangerous
weeds were growing upon property in this City more particularly described
in such resolution, and that the same constitutes a public nuisance
which must be abated by the removal of such noxious or dangerous weeds,
otherwise they will be removed and the nuisance will be abated by
the Street Superintendent of this City in which case the cost of such
removal, together with incidental expenses, shall be assessed upon
the lots and lands from which such weeds are removed, and such costs
and incidental expenses will constitute a lien upon such lots or lands
until paid. Reference is hereby made to such resolution for further
particulars.
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All property owners having any objections to the proposed removal
of such weeds are hereby notified to attend a meeting of the City
Council of this City to be held on the ____ day of _____, 20___, at
the Council Chamber in the City Hall of this City, when their objections
will be heard and given due consideration.
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Dated this _______ day of ____, 20_____.
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______________________________
Street Superintendent
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(Prior code §20.72)
The notice mentioned in Section
8.24.040 shall be posted at least five days prior to the time stated therein for hearing objections by the City Council.
(Prior code §20.73)
At the time stated in the notice posted pursuant to Sections
8.24.040 and
8.24.050, the Council shall hear and consider all objections or protests, if any, to the proposed removal of weeds found by resolution to be a nuisance, and may continue the hearing from time to time. Upon the conclusion of the hearing the Council by motion or resolution shall allow or overrule any or all objections, whereupon the Council shall be deemed to have acquired jurisdiction to proceed and perform the work of removal. The decision of the Council on the matter shall be deemed final and conclusive.
(Prior code §20.74)
After final action has been taken by the Council under Section
8.24.060 on the disposition of any protests or objections, or in case no protests or objections have been received, the Council, by motion or resolution, shall order the Street Superintendent to abate the nuisance considered pursuant to the preceding section by having the weeds referred to in Section
8.24.010 removed and he or she and his or her assistants or deputies are hereby expressly authorized to enter upon private property for that purpose. Any property owner shall have the right to have any such weeds removed at his or her own expense; providing, the same is done prior to the arrival of the Street Superintendent or his or her representatives prepared to do the same.
(Prior code §20.75)
The Street Superintendent shall keep an account of the cost
of abating the nuisance as provided by the preceding section on each
separate lot or parcel of land where the work is done by him or her
or his or her deputies, together with the cost of printing and posting
notices, and shall render an itemized report in writing to the Council
showing the cost of removing such nuisance on each separate lot or
parcel of land together with such printing and posting; provided,
that before such report is submitted to the Council, a copy of the
same shall be posted for at least three days prior thereto on or near
the chamber door of the Council, together with a notice of the time
when such report shall be submitted to the Council for confirmation.
(Prior code §20.76)