[R.O. 2016 § 220.180; Ord. No. 288-99 § 1, 8-10-2000; Ord. No. 319-00 §§ 1
— 2, 6-13-2000; Ord. No. 390-01 §§ 1 — 2, 11-13-2001; Ord. No. 757-07 § 1, 11-13-2007; Ord. No. 837-09 § 1, 5-12-2009; Ord. No. 960-11 § 1, 5-10-2011; Ord. No. 1135-15 § 1, 9-8-2015; Ord. No. 1241-18, 3-27-2018; Ord. No. 1247-18, 5-8-2018; Ord. No. 1292-19, 4-9-2019]
A. Maintenance Of Private Property, Public
Rights-Of-Way And Easements. All persons owning, occupying or leasing
any lot or tract of land within the City limits shall keep all weeds,
grass and brush growing on such property cut and removed. They shall
likewise keep cut and removed all weeds, grass and brush growing in
any areas between their property line and the center line of all improved
or unimproved streets or alleys, including, but not limited to, drainage
ditches, curbs, easements or other public rights-of-way of the City
of Park Hills or other public entity. Whenever such weeds, grass or
brush shall attain the height of seven (7) inches, it shall be deemed
a public nuisance.
B. Unlawful To Maintain Such Nuisance. It shall be unlawful for any person owning, occupying or leasing any lot or tract of land within the City limits to create, maintain or allow a nuisance as defined in Subsection
(A) to remain on the property five (5) days after the order to abate the nuisance under Subsection
(D)(1) is posted on the property. The offense of unlawfully creating, maintaining or allowing a nuisance as provided herein shall be punished as provided in Section
220.190 of the Municipal Code.
C. Liability. Whenever any weeds, grass or brush in violation of Subsection
(A) are allowed to grow on any part of any lot or tract of land within the City limits, the owner, occupant and lessee of the lot or tract shall be personally liable. Said liability shall be joint and severable. In cases where the growth is located on property held by joint tenancy, tenancy by entireties or tenancy in common, each owner thereof shall be jointly and severally liable.
D. Notice And Hearing.
1.
Whenever any weeds, grass or brush
shall attain the height of seven (7) inches, the Director of Community
Development is authorized to hold a hearing to determine whether or
not the weeds, grass or brush are a nuisance and whether same should
be ordered abated. Said hearing shall occur no sooner than ten (10)
days after the date notice of the hearing is posted on the property.
By the end of the next business day after the property is posted,
notice shall also be hand-delivered or mailed to the owner of the
property. A copy of the notice shall also be hand-delivered or mailed
to the occupant or lessee of the property, if there be one. After
conducting the hearing, the Director may enter a written order declaring
the weeds, grass and/or brush to be a nuisance and directing the same
to be abated within five (5) days from the date of the order. By the
end of the next business day after the date of the order, notice of
said order shall be posted on the property and shall also be hand-delivered
or mailed to the owner of the property and to the occupant or lessee,
if there be one.
2.
Subsequent Violations, Same Growing
Season. If weeds, grass or brush are allowed to grow on the same property
in violation of this Section more than once during the same growing
season, the Director of Community Development may, without further
notification, have the weeds, grass or brush removed, and the cost
of same shall be billed in the manner described in this Section.
E. Abatement. If the nuisance is not abated
within five (5) days of the date of the written order declaring the
weeds, grass and/or brush to be a nuisance and directing the same
to be abated, the Director shall cause the weeds, grass and/or brush
to be cut down and removed and shall certify the costs of the cutting
down and removing of said weeds, grass and/or brush to the City Clerk.
F. Special Tax Bill. The City Clerk shall
cause a special tax bill to be prepared and 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 day of
June of each year. Such tax bill, if not paid when due, shall bear
interest at the rate of eight percent (8%) per annum.