As used in this chapter, the following terms shall have the meanings indicated:
Includes all manner and kinds of shrubs, thickets, undergrowth, vines, bushes and small trees which are allowed to grow wild.
[Amended 10-23-2024]
A.
Generally. It shall be unlawful for any owner, lessee or occupant or any agent, servant, representative or employee of any owner, lessee or occupant having control of any occupied or unoccupied lot or land or any part of land thereof in the City to permit or maintain on any such lot or land or on or along the sidewalk, street or alley adjacent to the same, any growth or brush, weeds, grass or other rank vegetation to a greater height than eight inches or to permit or maintain on said land any accumulation of dead brush, weeds or grass.
B.
Poisonous or detrimental plants. It shall also be unlawful for any 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 a manner that any part of such ivy, ragweed or other poisonous plants, or plants detrimental to health shall extend upon, overhang or border any public place.
C.
Penalties for offenses. The penalties for violations of the provisions of this chapter shall be as follows:
(1)
A fine of $50 for the first violation.
(2)
A fine of $100 for the second violation.
(3)
A fine of $200 for the third violation.
(4)
A fine of $300 for the fourth and subsequent violations.
(5)
In the event of succeeding and continuing violations(s) of this chapter, any person who shall be convicted of violating or failing to comply with the provisions of this chapter be punished by a fine of not more than $250 or imprisonment for not exceeding 15 days, or both such fine and imprisonment. The continuation of such violation(s) for each successive day shall constitute a separate offense, and the person or persons allowing or permitting the continuation of a violation shall be punishable as above for each separate offense.
It shall be the duty of every owner, lessee or occupant of any lot or land to cut and remove or cause to be cut and removed all brush, weeds, grass or other rank, poisonous or harmful vegetation as often as may be necessary to comply with the provisions of § 135-14. The cutting and removing of such brush, weeds, grass and vegetation at least once in every three weeks between May 15 and October 15 shall be deemed to be a compliance with this section.
If the provisions of this article are not complied with, the Director of the Department of Development shall cause to be served, either personally or by certified or registered mail, written notice upon the owner, lessee or occupants or any person having the care or control of such lot or land to comply with the provisions of the foregoing. If service by mail, such notice is sufficient if mailed to the last known address of the owner, occupant or agent.
If the person upon whom the notice provided for in § 135-16 is served neglects or refuses to cut and remove or cause to be cut and removed such brush, 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 Department of Public Works shall cause such weeds, brush, grass and other vegetation of such lot or land to be cut and removed.
[Added 8-21-1995; amended 2-22-2005 by L.L. No. 2-2005; 11-19-2024]
A.
In any case where the City completes property maintenance including but not limited to cuts, mows, board ups, or removes brush, weeds, grass, any other vegetation or debris as provided for in Article IV, § 135-17, then in such case, the property owner as recorded in the office for the Division of Assessment for said address will be charged the following sums of money for the City's service:
(1)
Labor: Labor rate based on FEMAs hourly wages at time work is being completed.
(2)
Debris removal: Property owners are responsible for paying all disposal/dumping fees associated with the clean up.
(3)
Grass cutting:
Area (acre) | Fee |
|---|---|
1/4 or less | $200 |
1/4 to 1/2 | $350 |
1/2 to 3/4 | $400 |
3/4 to 1 | $450 |
Each additional 1/4 or less above 1 | $200 each |
(4)
Equipment pricing for DPW property clean up:
Equipment | Fee |
|---|---|
High lift | $250/hr |
Tractor with mower | $200/hr |
Skid steer | $200/hr |
Dump truck | $180/hr |
Weed whackers, chainsaws, other handheld equipment | $50/hr |
B.
In addition thereto, a surcharge of $250 is to be added and paid for any such service performed by the City.
C.
If any such charge as provided for above remains unpaid for 45 days or more from the date of the first said notice to the owner, said charge shall be a lien upon the real property so improved by the City and shall be added and levied upon such parcel of assessed real property by the City Treasurer and shall bear interest at the same rate as real property taxes and shall be collected and enforced in the same manner as general City taxes, or in the alternative, as the City may elect to collect any such amounts through Small Claims Court.