[Ord. No. 682 §1, 11-10-1997; Ord. No. 1031 §§1 — 9, 4-9-2012]
A.
Failure To Keep Weeds, High Grass And Other Noxious Vegetation Cut
And Removed, A Nuisance. All persons owning or occupying
any lot or tract of land in the City which is within fifty (50) feet
of any residential dwelling or public place shall keep the weeds,
high grass and other noxious vegetation growing on such property cut
and removed. Whenever such weeds, high grass or other noxious vegetation
shall attain the height of nine (9) inches, it shall be deemed a public
nuisance. A public street is considered a "public place" for purposes
of this Article.
B.
Exception. Large undeveloped tracts of land may be exempted from the provisions of Subsection (A) at the discretion of the Chief of Police. This exemption shall generally pertain to tracts one (1) acre in size or larger. In no event shall this exemption apply to a tract or portion of a tract located within fifty (50) feet of an occupied residential dwelling. If a large undeveloped tract exempted by the Chief of Police under this Section is adjacent to an improved public right-of-way, a minimum ten (10) foot wide strip adjacent to the curb or ditch line shall be mowed and maintained.
C.
Unlawful To Maintain Such Nuisance. It shall be unlawful for any person to create or maintain a nuisance as defined in Subsection (A).
D.
Liability. Whenever weeds, high grass or other noxious vegetation in violation of Subsection (A) 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.
E.
Notice. The Chief of Police shall give a hearing after at
least 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
may declare the weeds, high grass, or other noxious vegetation to
be a nuisance and order the same to be abated within five (5) days.
F.
Authority To Abate. In case the weeds, high grass or other
vegetation are not cut down and removed within the five (5) days,
the Chief of Police shall have the weeds, high grass or other vegetation
cut down and removed and shall certify the costs of same to the City
Clerk. The costs of abatement shall include a fee for the City's costs
in administering this Section, which fee shall not exceed one hundred
dollars ($100.00).
G.
Violation Is An Offense. An owner who fails to remove a nuisance within five (5) days of being notified to do so by the notice/abatement order described in Subsection (E) above shall be guilty of an offense, and may (at the option of the City) be charged in Municipal Court with the offense of "failure to abate a nuisance".
H.
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.
[Ord. No. 1034 §§1 —
4, 5-14-2012]
A.
Statement Of Policy. It is the policy of the City of New
Haven that the owner and/or occupant of every property within the
City shall maintain all vegetation in the public rights-of-way adjoining
their lot or tract of ground, with the exception of street trees which,
from and after the effective date of this Section, may be planted
and maintained by the City. Vegetation shall be maintained in a safe
and healthy manner and shall be appropriately pruned, trimmed or removed
so as to avoid hazards to persons and property using the streets,
sidewalks and public rights-of-way. Property owners shall prevent
such vegetation from obstructing vehicular and pedestrian access or
views of any street or sidewalk intersection or approach. In general,
limbs and branches should be trimmed to provide a minimum clearance
of eight (8) feet over sidewalks and fourteen (14) feet over streets
and roadways.
B.
Maintenance Responsibility Defined. Property owners on improved
streets shall be responsible for maintenance and mowing of vegetation
in the public right-of-way adjacent to their lot. For improved streets,
this area generally includes the area from the property line to the
edge of curb, inclusive of any strip of ground between a sidewalk
and the curb. If there is no curb, or on gravel streets, the area
of property owner responsibility is from the property line to the
edge of pavement or gravel, to include the ditch line. For unimproved
street rights-of-way (paper streets) and alley rights-of-way, the
area of property owner responsibility shall be from the property line
to the centerline of said right-of-way easement. The City shall not
be responsible for mowing or maintenance of vegetation on unimproved
street rights-of-way and/or alley rights-of-way.
D.
City Authority To Maintain Vegetation In Public Rights-Of-Way. The City shall have the authority to remove any vegetation that
creates an obstruction or hazard on an improved public right-of-way.
Examples of such hazards include overhanging tree limbs, bushes or
other vegetative growth that impedes or obstructs passage of vehicles
or pedestrians within the public right-of-way. The City shall have
no obligation to give notice to adjacent property owners if said vegetation
can be accessed, cut and removed from the public right-of-way. This
paragraph should not be construed to create any obligation for the
City to remove vegetation in the public right-of-way.
