[HISTORY: Adopted by the City Council of the City of Lancaster as
Article 1168 of the Codified Ordinances. Amendments noted where applicable.]
No person owning or occupying any property within the City shall permit
any grass, weeds or any vegetation whatsoever, not edible or planted for some
useful or ornamental purpose, to grow or remain upon such premises so as to
exceed a height of six inches, to throw off any unpleasant or noxious odor,
to conceal any filthy deposit or to create or produce pollen.
The growing of any grass, weeds or other vegetation upon any premises in the City in violation of any of the provisions of § 105-1 is hereby declared to be unlawful and a nuisance and detrimental to the health, safety, cleanliness and comfort of the inhabitants of the City, and the same is hereby prohibited.
The owner of any premises, as to vacant premises or premises occupied by the owner, and the occupier thereof, in case premises are occupied by other than the owner of such premises, shall remove, trim or cut all grass, weeds or other vegetation growing or remaining upon such premises in violation of the provisions of § 105-1.
The Board of Health is hereby authorized to give notice by personal service or by United States mail to the owner or occupant, as the case may be, of any premises whereon grass, weeds or other vegetation are growing or remaining in violation of the provisions of § 105-1, directing and requiring such owner or occupant, as the case may be, to remove, trim or cut grass, weeds or vegetation so as to conform to the requirements of this chapter within five days of the service or mailing of such notice.
[Amended 8-22-2000 by Ord. No. 6-2000; 7-26-2005
by Ord. No. 15-2005]
In case any person neglects, fails or refuses to comply with the notice provided in § 105-4 within the period of time stated therein, the Board of Health is hereby authorized to cause such grass, weeds or vegetation to be removed, trimmed or cut, and there is hereby imposed a charge equal to the actual cost of labor, materials, equipment or any other item, service or expense incurred by the City, plus an administrative fee prescribed by Chapter 36, Municipal Claims, for each time the Board of Health shall cause such grass, weeds or vegetation to be removed, trimmed or cut. The owner of the premises shall be billed after the work has been completed.
[Amended 8-22-2000 by Ord.
No. 6-2000; 7-26-2005 by Ord. No. 15-2005]
Any bill for the removal, trimming or cutting of any grass, weeds or vegetation by the City shall be paid by the property owner in accordance with Chapter 36, Municipal Claims. Upon failure of the property owner to pay the amounts due the City in accordance with Chapter 36, the City shall be entitled to collect all amounts and pursue any or all of the remedies identified in Chapter 36, Municipal Claims.
Nothing contained in this chapter shall prohibit the City from instituting
proceedings in courts of equity.
Whoever violates or fails, neglects or refuses to comply with any provision
of this chapter shall, upon conviction, be fined not less than $50 and not
more than $300 for the first offense and not less than $300 and not more than
$1,000 for each and every offense thereafter, together with costs of prosecution
for each offense, to be collected as other fines and costs are by law collectible,
and, in default of payment thereof, shall be imprisoned for not more than
90 days. Each day's violation shall constitute a separate offense, and notice
to the offender shall not be necessary in order to constitute an offense.
