[CC 1975 §63.300; Ord. No. 90-35 §63.300, 12-4-1990; Ord. No. 04-64 §2, 9-7-2004; Ord. No. 12-03 §1, 2-21-2012; Ord. No. 13-40 §2, 7-16-2013]
It shall be unlawful for the owner or resident of any parcel
of ground located within the corporate limits of the City to allow
or maintain on any such parcel of ground, including utility easements
and/or waterways upon such parcel of ground, any growth of weeds to
a height in excess of ten (10) inches for established lawns and fifteen
(15) inches for all other tracts of land. Provided, however, it shall
be the responsibility of the City to maintain any utility easement
or waterway which has been deeded to the City. "Weeds" shall be defined
as all grasses, annual plants and vegetation, other than trees, decorative
shrubs, cultivated flowers, ornamental plants and garden plants. Vegetation
harmful or irritating to the human touch, including poison ivy, poison
oak and poison sumac, is unlawful and shall be removed. Provided,
further, that on any undeveloped parcel of ground consisting of one
(1) acre or more, any growth of weeds in excess of fifteen (15) inches
is prohibited only on the fifteen-foot-wide strip or strips of such
parcel which border upon any public roadway or which border any residentially
zoned parcel of ground. Nothing in this Article shall be construed
to apply to any field used for commercial farming purposes except
the last preceding sentence. Nothing in this Article shall be construed
to apply to properly maintained compost/mulch piles.
[Ord. No. 04-64 §3, 9-7-2004]
A. Failure To Keep Weeds And Vegetation Harmful Or Irritating To The
Human Touch, Such As Poison Ivy, Poison Oak, And Poison Sumac, Cut
And Removed, A Nuisance. All persons owning or occupying any lot or tract of land in the City shall keep the weeds (i.e., as defined in Section
215.220) growing on such property cut and removed. Whenever such weeds, high grass or brush shall attain the height of ten (10) inches for established lawns and fifteen (15) inches for all other tracts of land, it shall be deemed a public nuisance. Provided however, that on any undeveloped parcel of ground consisting of one (1) acre or more, any growth of weeds in excess of fifteen (15) inches shall be deemed a nuisance only on the fifteen (15) foot wide strip or strips of such parcel which border upon any public roadway or which border any residentially zoned parcel of ground. All vegetation harmful or irritating to the human touch, including poison ivy, poison oak and poison sumac, 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). In addition to the abatement procedures provided in this Section, any person convicted by the Municipal Court of a violation of this Section shall be subject to the penalties provided for in Section
100.230 of this Code.
C. Liability. Whenever weeds, 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 Chief of Police or his/her designee shall give
a hearing after four (4) days' notice thereof, either personally or
by United States mail to the owner or owners, or his/her or their
agents, or by posting such notice on the premises; thereupon, the
Chief of Police or his/her designee may declare the weeds to be a
nuisance and order the same to be abated within five (5) days.
E. Disposition. In case the weeds are not cut down and removed
within the five (5) days, the Chief of Police or his/her designee
shall have the weeds cut down and removed, and shall certify the costs
of same to the City Clerk.
F. Tax Bill. The City Clerk shall cause a special tax bill
therefor against the property to be prepared and to be collected by
the Collector, with other taxes assessed against the property; and
the tax bill from the date of its issuance shall be a first lien on
the property until paid and shall be prima facie evidence of the recitals
therein and of its validity, and no mere clerical error or informality
in the same, or in the proceedings leading up to the issuance, shall
be a defense thereto. Each special tax bill shall be issued by the
City Clerk and delivered to the Collector on or before the first (1st)
day of June of each year. Such tax bills if not paid when due shall
bear interest at the rate of eight percent (8%) per annum.
[CC 1975 §63.320; Ord. No. 90-35 §63.320, 12-4-1990]
It shall be unlawful for any person to allow weeds to grow in
violation of this Article. Any violator shall, upon conviction, be
found guilty of a misdemeanor punishable by a fine of not less than
twenty-five dollars ($25.00) nor more than five hundred dollars ($500.00),
or by imprisonment for five (5) days, or by both such fine and imprisonment
at the discretion of the court.