A. 
It shall be unlawful for any owner or occupant or person having control of any lot or land in the City to permit or maintain on any such lot or land, or along the sidewalk or street adjacent to the same between the property line and the curb or middle of the street, or for 10 feet outside the property line if there is no curb, any growth of weeds or grass to a greater height than six inches on the average, or any accumulation of dead weeds, grass or brush from May to October inclusive.
B. 
It shall also be unlawful for any such person to cause, suffer or allow poison ivy, ragweed or other poisonous plants or plants detrimental to health to grow on any such lot or land in such manner that any part of such ivy, ragweed or other poisonous weed shall extend upon, overhang or border any public place or allow seeds, pollen or other poisonous particles or emanations therefrom to be carried through the air into any public place.
C. 
It is prohibited to allow hedges, shrubs, or trees to encroach onto public sidewalks and lines of sight of public roadways.
It shall be the duty of any owner or occupant or person having control of any lot or land to cut and remove or cause to be cut and removed all such weeds, grass or other rank, poisonous or harmful vegetation as often as may be necessary to comply with the provisions of § 259-38, provided that cutting and removing such weeds, grass and vegetation at least twice in each of the months from May 1 until October 30 shall be deemed to be a compliance with this article.
[Amended 9-25-1997 by Ord. No. 24-1997; 12-5-2019 by L.L. No. 3-2020]
A. 
If the provisions of the foregoing sections are not complied with, the Code Enforcement Office shall serve written notice, personally or by mail, upon the owner, occupant or any person having the control of any such lot or land to comply with the provisions of this article. Mailing by regular mail to the owner's address on file in the City Assessor's office shall be deemed sufficient five days after mailing. In the event that the owner files with the Code Enforcement Office a notice designating another person as being responsible for the care and maintenance of said property, then mailing by regular mail to both shall be deemed sufficient five days after mailing.
B. 
If the person upon whom the notice is served fails, neglects or refuses to cut and remove or cause to be cut and removed such weeds, grass or other vegetation within five days after receipt of such notice, or if no person can be found in the City who either is or claims to be the owner of such lot or land or who either represents or claims to represent such owner, the Code Enforcement Office shall cause such weeds, grass and other vegetation on such lot or land to be cut and removed, and the cost established at least annually by the City Council through a budget resolution that adopts a City fee schedule of such cutting and removal plus a service charge of 50% thereof to cover the administrative cost of supervision and administration shall be certified by the Code Enforcement Office to the City Clerk, and such certified amount shall thereupon become and be a lien upon the property on which such weeds, grass and other vegetation were located and shall be added to and become and form part of the taxes next to be assessed and levied upon such lot or land and shall bear interest at the same rate as City real estate taxes and shall be collected and enforced in the same manner as such taxes.
C. 
The owner, occupant or any person having control over any lot, land or property found in violation of § 259-38 shall be notified in writing only once between May 1 and October 1 of each year for a particular violation. Subsequent violations of a similar nature at the same location during the same period shall be corrected by the City or its agent without notice to the owner, occupant or person having control of said property. After initial notification, such owner, occupant or person having control of said property will be presumed to have been given sufficient notice of infraction for the entire period referenced herein.
It shall be unlawful for any person to resist, obstruct or interfere with the Director of Parks and Recreation or any agent or employee of the City in the cutting and removal of weeds, grass or rank, poisonous or harmful vegetation as set forth in § 259-40 herein.