[R.O. 2009 §215.100; Ord. No. 583 §1, 11-9-1999]
A.
Definition. The word "weeds", as used herein,
shall include all rank vegetable growth which exhale unpleasant and
noxious odors and high grasses which may conceal filthy deposits or
vermin.
B.
Prohibitions.
1.
Except as provided in Subsection (C) of this Section, no person shall cause or permit any weeds or rank vegetation growth to attain a height in excess of seven (7) inches upon any property within the City.
2.
Except as provided in Subsection (C) of this Section, any owner, lessee or occupant of any lot, parcel of land or land of any other description in the City who shall cause or permit any weeds or rank vegetation growth to attain a height in excess of seven (7) inches upon any property in the City shall be deemed to have committed a public nuisance.
3.
All weeds or rank vegetation growth, when cut down, shall be removed
and disposed of in such a manner as not to create a nuisance.
C.
Exceptions. With respect to any undeveloped property in
excess of three (3) acres, this Section shall apply only to the portions
of such property which are located within one hundred (100) feet of
any street right-of-way or within one hundred (100) feet of any adjoining
property. For purposes of this Section, "street" shall include all highways, streets and roads other than those highways
commonly known as "interstate" highways.
D.
Notice, Hearing And Special Tax Bills.
1.
Notice — hearing. Whenever weeds or rank vegetation
growth are allowed to grow on any portion of any property in violation
of this Section, the Building Commissioner shall give a hearing after
four (4) days' written notice thereof either personally or by United
States mail to the owner(s) or his/her/their agent(s) or posting such
notice on the premises.
2.
Declaration of nuisance. If the evidence at such
hearing supports such a finding, the Building Commissioner shall declare
the weeds to be a nuisance and order the same to be abated within
five (5) days.
3.
Removal by the City. If the weeds are not cut down
and removed within the said five (5) days, the Building Commissioner
shall have the weeds cut down and removed and shall certify the costs
of same to the City Clerk.
4.
Special tax bill. The City Clerk shall cause a special
tax bill therefore against the property to be prepared and to be collected
by the Collector with other taxes assessed against the property. 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.
As a part of the cost of removing such weeds or rank vegetation
growth, each such special tax bill shall include a charge, to be determined
by the City Clerk, for inspecting the subject property, giving the
requisite notice and issuing and recording the special tax bill.
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.
E.
Multiple Violations. If weeds or rank vegetation growth
are allowed to grow on the same property in violation of this Section
more than once during the same growing season, the Building Commissioner
may:
1.
Order the weeds or rank vegetation growth be abated within five (5) business days after notice is sent to or posted on the property. If the weeds and/or rank vegetation growth are not cut down and removed within the five (5) days, the Building Commissioner shall cause the weeds and/or rank vegetation growth cut down and removed and the cost of the same billed in the manner described in Subsection (D) above; or
