[Code 1980 §30-1; CC 1990 §13-161; Ord. No. 5523, 8-23-1993]
The word "weeds", as used in this Article, shall include all rank, prickly and poisonous vegetation which exhale unpleasant and noxious odors and/or may cause an irritating skin rash or similar allergic reaction; and which includes Russian/Canadian/ common thistle, wild lettuce, wild mustard, wild parsley, ragweed, goldenrod, milkweed, iron weed, poison ivy, poison oak, poison sumac and all other vegetation, especially of the weed, grass herb and hemp (marijuana) genera.
The word "weeds" shall not include trees, edible vegetation normal to a neatly maintained vegetable or herb garden; vegetation producing edible fruits, berries and/or produce; and decorative vegetation such as flowers, shrubs, bushes, vines/ivy (English ivy) and ground cover.
[Code 1980 §30-2; CC 1990 §13-162; Ord. No. 6710, 6-24-2002]
Any owner, lessee, occupant or other person or any agent, servant, representative or employee of any person having control of or having the right to control by reason of an easement or right-of-way agreement with the fee simple owner of any lot or ground or any part of any lot or parcel of real estate located within the City who shall allow or maintain on such lot or parcel of real estate any growth of weeds to a height of over eight (8) inches shall be deemed guilty of a misdemeanor.
[Code 1980 §30-3; CC 1990 §13-163]
The Director of Public Works is hereby authorized and empowered to notify in writing the class of persons described in Section 213.070 to cut, destroy and remove any such weeds, grass or deleterious, unhealthful growths or noxious matter found growing, lying or located on their property or upon the sidewalks abutting same. Such notice shall be by certified mail addressed to the owner, lessee, occupant or other person at their last known address.
[Code 1980 §30-4; CC 1990 §13-164; Ord. No. 7581 §1, 3-11-2009]
Initial Violation. Upon the failure, neglect or refusal of any owner or other person so notified to cut, destroy and remove weeds, grass or deleterious, unhealthful growths or other noxious matter growing, lying or located upon their property or upon the sidewalk abutting same within five (5) days after receipt of written notice provide for in this Chapter or within ten (10) days after the date such notice is mailed in the event the same is returned to the City post office department because of its inability to make delivery thereof, the Director of Public Works is hereby authorized and empowered to order the removal of such weeds, grass or deleterious unhealthful growths or other noxious matter.
Subsequent Violations. If weeds, grass or deleterious, unhealthful growths or other noxious matters are permitted to grow or accumulate on private property in violation of this Article more than one (1) time during the same growing season and, pursuant to Section 213.080, a notice of violation was delivered to the owner, lessee, occupant or other person at their last known address for any such prior violation during the same growth season, then the Director of Public Works or his/her designee may, without further notification to such owner, lessee, occupant or other person in control of such property, remove such weeds, grass or deleterious, unhealthful growths or other noxious matters growing, lying or located upon the property or upon the sidewalk abutting same without further notification to such owner, lessee, occupant or other person in control of such property and remove such weeds, grass or deleterious or unhealthful growths or other noxious matters and may collect the costs of such removal in the manner set forth in this Article.
[Code 1980 §30-5; CC 1990 §13-165; Ord. No. 7074 §1, 10-14-2004]
To Be Charged To Owner, Etc., Of Property. When the City has effected the removal of such growth or has paid for its removal, the actual cost thereof, plus accrued interest at the rate of six percent (6%) per annum from the date of the completion of the work on each lot or parcel of real estate, if not paid by such owner or other persons, shall be charged by a special tax bill forwarded to such persons by the City; and such charge shall be immediately due and payable by the party to whom it was addressed.
Failure Of Property Owner To Pay. Where the full amount due the City is not paid by such person within thirty (30) days after the cutting, destroying and removal of such weeds, grass or deleterious, unhealthful growths or other noxious matter, the Director of Public Works shall cause to be recorded in the City records a sworn statement showing the cost and expense incurred by the work and the date, place and property on which such work was done. A lien may be placed on the property at which the work was done, enforceable as now are other liens of the City, by recording in the office of the Recorder of Deeds in the County a true copy of such statement attested to by the City Clerk, which lien shall be for principal and interest and shall be in force and effect until final payment has been made. Sworn statements recorded in accordance with the provisions hereof shall be prima facie evidence that all legal formalities have been complied with and that the work has been done properly and satisfactorily and this shall constitute full notice to every person that the amount of the statement plus interest constitutes a charge against the property designated in the statement and that the same is due and collectible as provided by law.
In addition to the filing of a lien, or in lieu of the filing of a lien, the City shall have the right to collect the cost incurred as nuisance fees by underlying these costs on the bills for the payment of real and personal property taxes, and all other taxes due and owing.
[Code 1980 §30-6; CC 1990 §13-166]
It shall be the duty of the Director of Public Works to compute the cost to the City of cutting weeds upon each particular lot or parcel of land at a rate per hour to be fixed from time to time by the Council. Where weeds have been cut by the City and in the event that persons referred to in this Chapter shall fail to pay for such work within thirty (30) days after its completion, the Director of Public Works shall report such fact to the Council who shall authorize all prosecution or other court action against such owner, lessee, occupant or other persons in interest for non-compliance with the terms of this Article.
[Code 1980 §30-7; CC 1990 §13-167]
Any person violating any of the provisions of this Chapter shall be deemed guilty of a misdemeanor and upon conviction thereof shall be punished as provided in Section 100.080 of this Code. In the case of a first (1st) offender, a prosecution shall not be instituted for violation of this Article until such person has been served with the notice, as set forth in Sections 213.080 and 213.090 and failed to comply therewith.
[Code 1980 §30-8; CC 1990 §13-168]
Where the City Council declares the removal of weeds on certain parcels of land not to be in the best interest of the City, the City Council may exempt such parcels of land from the provisions of this Article. Such conditions as undue hardship, excessive erosion of soil, inaccessibility to the property, danger to the life and limb of persons attempting to cut and remove such weeds and other such conditions shall be reasonable cause for the Council to so exempt such parcels of land.