[CC 1984 §§13-2 — 13-25; Rev. M.C. 1963 §21.09; Ord. No. 3140 §§13-12 — 13-17; Ord.
No. 3168 §1, 6-17-1974; Ord. No. 3608 §1, 10-31-1979; Ord. No. 4235 §6, 9-6-1988; Ord. No. 4361 §§1 —
3, 9-4-1990; Ord. No.
4463 §1, 10-5-1992; Ord. No. 4518 §1, 10-4-1993; Ord. No. 4665 §1, 4-7-1997; Ord. No. 4758 §1, 2-22-2000]
A.
Weeds Restriction — Definition.
1.
The owner, lessee or occupant or any agent, servant, representative
or employee of such owner, lessee or occupant having control of any
plot of ground or any lot in the City shall not allow nor maintain
on such lot or on the street area adjoining the lot any growth of
weeds.
2.
As used herein, "weeds" means vegetation, grass weeds or brush exceeding
a height of) seven (7) inches, excluding trees, bushes, hedges, and
flowering plants.
B.
Notice. Notice shall be sent by the Building Commissioner, Chief Inspector or their designee to the owner or agent of said owner, as provided under Section 100.170, "Service of violation notice(s)", to cut and remove the weeds. No notice to cut and remove weeds shall be required to be given to any owner or agent of said owner who has previously received a notice under this Section within the preceding twelve (12) months before the present violations.
C.
Street Superintendent — Removal Of Weeds. The Street
Superintendent, whenever he/she is notified of their existence on
the public streets and alleys in the City, shall cause the weeds to
be removed.
D.
Failure To Abate — Hearing — Certify Cost As Lien. In addition to the penalty provided in Section 100.150, an owner who permits weeds to grow in violation of Subsection (A) shall be subject to the following provisions:
1.
The Building Commissioner, Chief Inspector or their designee shall
hold a hearing after ten (10) 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.
2.
At such hearing, the Building Commissioner, Chief Inspector or their
designee may declare the weeds to be a nuisance and order the same
to be abated within five (5) days.
3.
In case the weeds are not cut down and removed within the five (5) days, the Building Commissioner, Chief Inspector or their designee shall have the weeds cut down and removed and shall certify the cost of same including any reasonable attorney's fees to the City Clerk, who shall cause a special tax bill therefor against the property to be prepared and to be collected by the City Manager with other taxes assessed against the property and shall certify the amount in the office of the Clerk of the Municipal Court. The Municipal Judge shall immediately issue a summons against the delinquent owner or owners of the property. The costs of the removal and any penalty imposed pursuant to this Section and Section 100.150, together with the City Attorney's fees, shall be recovered before the Municipal Judge and the case shall be listed as are other cases of violation of City ordinances.
4.
The special 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.
5.
Each special tax bill shall be issued by the City Clerk and delivered
to the City Manager within ninety (90) days of the date of the issuance
of said special tax bill.
6.
Such special tax bills if not paid when due shall bear interest at
the rate of eight percent (8%) per annum and, in the event a lawsuit
is required to enforce a tax bill, the City shall be entitled to recover
its reasonable attorney's fees therefor, as well as any filing or
recording fees.
7.
After weeds have been declared a nuisance and have been cut down
and removed by the City, the Building Commissioner may, without further
notice, continue for a period of twelve (12) months to have said weeds
cut down if they again exceed seven (7) inches unless the owner has
served upon the City notice or intent to comply with previous declaration
of nuisance by paying for the expense incurred in cutting and removing
weeds and by posting adequate security for the cutting and removal
for a period of twelve (12) months.
E.
Weeds — Removal When Cut. Weeds when cut down must
be removed from the lot and disposed of in such manner as not to create
a nuisance.
F.
Enforcement Of Weed Provisions. All Police Officers shall
watch for any violation of the weed provisions and report all the
facts surrounding any observed violation to the offices of the Building
Commissioner and the Street Superintendent.
