[Adopted 7-9-1984 by Ord. No. A-12-84 as
Ch. 172, Art VII, of the 1984 Code]
As used in this article, the following terms
shall have the meanings indicated:
Includes any plant, hedge, brush or other plant life on lands
within the City.
The Council hereby finds and declares that plant
life growing within 10 feet of any roadway and within 25 feet of the
intersection of two roadways may cause traffic and safety hazards
and may be detrimental to the public welfare unless the same is trimmed
as provided in this article.
[Amended 7-9-1984 by Ord. No. A-12-84]
Any plant life growing within 10 feet of any
roadway and growing within 25 feet of the intersection of any two
roadways on lands within the City shall be trimmed or cut to a height
of not more than 2 1/2 feet within 10 days after notice from
the Police Department, as hereafter provided in this article.
[Amended 7-9-1984 by Ord. No. A-12-84]
The Police Department shall have the power and authority to compel the trimming and cutting of any plant life growing within the limits stated in § 365-45 to a height of not more than 2 1/2 feet whenever, in its judgment:
[Amended 7-9-1984 by Ord. No. A-12-84]
The Police Department shall give or cause to be given 10 days' written notice to the owners of any lands upon which said plant life is growing and to the tenants in possession, if any, of such lands to cut, before the expiration of such ten-day period, the plant life growing within the limits stated in § 365-45 to a height of not more than 2 1/2 feet. Such notice may be given personally or by registered or certified mail addressed to the last known address of said owners and tenants.
[Amended 7-9-1984 by Ord. No. A-12-84]
If, by the end of the ten-day period referred to in § 365-47, the owner or tenant shall have neglected or refused to cut the plant life in accordance with the notice, it shall be lawful, at the expiration of such period, for the Police Department to cut same or cause same to be cut under its direction. The Police Department shall certify the cost thereof to the Council. Upon receipt of the certificate, the Council shall examine the same and, if found correct, shall cause the cost as shown thereon to be charged against said lands. If such cost is found to be excessive, the Council shall cause the reasonable cost thereof to be charged against said lands. The amount so charged shall forthwith become a lien upon said lands and shall be added to and become and form part of the taxes next to be assessed and levied upon such lands. Such amount shall bear interest at the same rate as other taxes and shall be collected and enforced by the same officer and in the same manner as taxes.
[Amended 7-9-1984 by Ord. No. A-12-84]
Every owner or tenant who shall refuse or neglect
to cut or trim any plant life in the manner and within the time provided
in the notice given by the Police Department or who violates any provision
of this article shall, upon conviction thereof, be punished by a fine
of $500, or by imprisonment for a term not exceeding 90 days, or both.
A separate offense shall be deemed committed on each day during or
on which a violation occurs or continues.
