[R.O. 2011 § 220.020]
A.
Failure To Keep Weeds, High Grass And Other Vegetation Cut And Removed,
A Nuisance. All persons owning or occupying any lot or tract of land
in the City shall keep the weeds, high grass and other vegetation
growing on such property cut and removed. Whenever such weeds, high
grass or other vegetation shall attain the height of twelve (12) inches,
it shall be deemed a public nuisance.
B.
Unlawful To Maintain Such Nuisance. It shall be unlawful for any person to create or maintain a nuisance as defined in Subsection (A).
C.
Liability. Whenever weeds, high grass or other vegetation in violation of Subsection (A) of this Section are allowed to grow on any part of any lot or ground within the City, the owner of the ground or, in case of joint tenancy, tenancy by entireties or tenancy in common, each owner thereof shall be liable.
D.
Notice. The City Marshal or other City Official as designated in
such ordinance shall give a hearing after ten (10) days' notice
thereof either personally or by United States Mail to the owner or
owners, or the owner's agents, or by posting such notice on the
premises; thereupon, the City Marshal or other designated City Official
may declare the weeds, high grass or other vegetation to be a nuisance
and order the same to be abated within five (5) days.
E.
Disposition. In case the weeds, high grass or other vegetation are
not cut down and removed within the five (5) days, the City Marshal
or other designated City Official shall have the weeds, high grass
or other vegetation cut down and removed and shall certify the costs
of same to the City Clerk.
F.
Tax Bill. The City Clerk and/or City Administrator shall cause the
certified cost to be included in a special tax bill or added to the
annual real estate tax bill, at the collecting official's option, for the property and
the certified cost shall be collected by the City Collector or other
official collecting taxes in the same manner and procedure for collecting
real estate taxes. If the certified cost is not paid, the tax bill
shall be considered delinquent, and the collection of the delinquent
bill shall be governed by the laws governing delinquent and back taxes.
The tax bill from the date of its issuance shall be deemed a personal
debt against the owner and shall also be a lien on the property until
paid.
G.
If weeds are allowed to grow, or if trash is allowed to accumulate,
on the same property in violation of this Section more than once during
the same growing season in the case of weeds, or more than once during
a calendar year in the case of trash, the marshal or other designated
official may, without further notification, have the weeds or trash
removed and the cost of the same shall be billed in the manner described
in this Section. This Subsection does not apply to lands owned by
a public utility and lands, rights-of-way, and easements appurtenant
or incidental to lands controlled by any railroad.