[CC 2001 §215.110; Ord. No. 1138 §§1 — 2, 2-8-2001; Ord. No. 1165 §§1 — 2, 6-13-2002; Ord. No. 1389 §5, 8-11-2011]
Failure To Keep Weeds, High Grass And Other Vegetation Cut And Removed, A Nuisance.
Weeds and rank vegetable growths which are fire hazards, and weeds and rank vegetable growth which produce unpleasant or noxious odors, and high vegetable growths which may conceal filthy deposits upon any lot or parcel of ground within the City are hereby declared to be nuisances. Any growth of weeds or grass exceeding eight (8) inches shall also constitute a nuisance. Any person, owner or lawful occupant of any lot or parcel of ground within the City maintaining a nuisance as defined herein shall be guilty of an ordinance violation.
Definition of weed.
The word "weeds", as used in this Section, shall include all rank, prickly, and poisonous vegetation which exhale unpleasant and noxious odors and/or may cause irritation, 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.
Unlawful To Maintain Such Nuisance. It shall be unlawful for any person to create or maintain a nuisance as defined in Subsection (A).
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.
Notice. The official shall give a hearing after seventy-two (72) hours' 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 official may declare the weeds, high grass or other vegetation to be a nuisance and order the same to be abated within seventy-two (72) hours.
Disposition. In case the weeds, high grass or other vegetation are not cut down and removed within the seventy-two (72) hours, the 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.
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 (1st) 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.