[R.O. 1993 § 230.010; Ord. No.
669 § 1, 5-17-1999]
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 (B)(3) 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 Environmental 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 Environmental Commissioner shall declare the weeds
to be a nuisance and order the same to be abated within five (5) days.
3.
Removal By City. If the weeds are not cut down and removed within
the said five (5) days, the Environmental Commissioner shall have
the weeds cut down and removed and shall certify the costs of same
to the City Clerk.
4.
Special Tax Bill.
a.
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. 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 bills if not paid when
due shall bear interest at the rate of eight percent (8%) per annum.
b.
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.
c.
The special 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.
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 Environmental 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 Environmental 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
[R.O. 1993 § 230.060; Ord. No.
601 § 1, 6-17-1996]
Every person violating any provision of this Chapter shall upon
conviction thereof be subject to a penalty by a fine of not to exceed
five hundred dollars ($500.00) and each day any such violation shall
continue to be deemed a separate offense. Abatement of the violation
or nuisance by the City or otherwise shall not relieve any person
of the penalty herein provided.
[R.O. 1993 § 230.070; Ord. No.
601 § 1, 6-17-1996]
A.
All dead or decaying trees and all trees infected by a disease that
is not promptly treated or that is not remediable are hereby declared
to be a public nuisance and shall be promptly taken down and removed
from the premises by the owner or owners of any tract of land in the
City of Bel-Nor on which the same is situated. The stump shall also
be removed to a minimum of eight (8) inches below ground level.
B.
It shall be the duty of the Environmental Commissioner to serve notice
in writing that such tree or trees shall be removed and the reasons
therefor by personal service upon the owner or owners of the lot upon
which the same is located or by posting a written notice of like effect
upon such premises and mailing a copy of such posted notice by ordinary
mail to the last known address of the owner or owners of such property
or lot.
C.
Any person failing to comply with the provisions of this Chapter
within thirty (30) days of the service or posting and mailing of such
notice shall be deemed to be in violation of this Chapter and shall
upon conviction thereof be subject to a fine not to exceed five hundred
dollars ($500.00) and each day said violation continues shall be deemed
a separate offense.
D.
Trees in the street right-of-way or treeway adjacent to any improved
property in the City shall be the responsibility of the owner or owners
of the adjoining lot for the purposes of this Chapter.
[R.O. 1993 § 230.080; Ord. No.
601 § 1, 6-17-1996; Ord. No. 646 § 1, 7-13-1998]
A.
It shall be unlawful to maintain any tree, shrub or other live growth
upon any corner lot in the City of Bel-Nor in which the lot lines
of the property adjoin two (2) intersecting streets in such a manner
that the view of vehicular traffic in either direction at said intersection
is obstructed.
B.
Any shrubbery, trees or live growth so situated, located and maintained
on any such lot so as to obstruct, the view of a motor vehicle on
either intersecting street for a distance of fifty (50) feet in each
direction from the point of intersection of the curblines of such
intersecting streets shall be deemed to be unsafe and hazardous.
C.
The Environmental Commission shall perform the same duties and have the same powers and rights and shall give the same notices and conduct the same hearings as are provided pursuant to Section 215.120, pertaining to removal of weeds and other vegetative growths that constitute a nuisance, insofar as the determination and removal of shrubs, other growths and trees which are hazardous within the meaning of this Chapter.
[R.O. 1993 § 230.090; Ord. No.
601 § 1, 6-17-1996]
A.
It shall be unlawful for any person to place, keep or maintain any
object, including trees, plants, bushes and inanimate things of every
kind and nature, in any public right-of-way in such manner as to obstruct
the use of any public right-of-way by the public or to obstruct or
interfere with the ingress or egress to and from the public right-of-way
and the private property of any other person.
B.
Trees and shrubs adjacent to and overhanging streets and sidewalks
shall be maintained so that neither the street nor sidewalk are obstructed
and a minimum of seven-foot vertical clearance shall be maintained
under overhanging branches.
C.
This Section shall not apply to licensed motor vehicles lawfully
parked on a paved street in such manner as not to obstruct or impede
use of a driveway.
D.
Any person violating any provision of this Section shall upon conviction
thereof be subject to a fine of not to exceed five hundred dollars
($500.00) and each day such violation shall continue shall be deemed
a separate offense.
