Each owner and each person in the possession or control of any lands shall cut, burn or otherwise destroy, in whatever manner may be prescribed by the Board of Supervisors of Polk County, all noxious weeds thereon as defined in Chapter 317 of the Code of Iowa, at such times in each year, and in such manner as shall be prescribed by the program of weed destruction order or orders made by the Board of Supervisors, and shall keep the lands free from such growth of any other weeds, as shall render the streets or highways adjoining said land unsafe for public travel.
It shall be the duty of each owner or each person in the possession or control of any lands lying within the City to keep such land free from weeds, vines, brush or other vegetation when such growth constitutes a health, safety or fire hazard, even though such weeds, vines, brush or other vegetation do not fall within the definition of noxious weeds under the provisions of Chapter 317 of the Code of Iowa. No person shall allow or permit grass or weeds or other vegetation to grow upon his property to a height in excess of twelve (12) inches. All grass or weeds or other vegetation exceeding such height restrictions may be cut or eliminated by the City after giving five days’ written notice to the owner or occupant of such property. Such notice may be mailed, by ordinary mail, to the owner’s last address, no less than five (5) days prior to the required action. A failure to receive such notice shall not be deemed to be a defense to any assessment certified under this section.
(Ord. 1723 - Jul. 12 Supp.)
If the City destroys any weeds under the authority of this chapter, after failure of the landowner responsible to destroy such weeds after being given notice to do so, the cost of the destruction shall be assessed against the land and collected from the property owner responsible in the following manner:
1. After the City has completed its program of the cutting or destruction of weeds, the Council shall determine, as to each tract of the real estate, the actual cost of the labor and materials used by the City in cutting, burning, or otherwise destroying said weeds, or tall vegetation, including the cost of serving notice to the property owners. To the total of all such sums expended, the Council shall then add twenty-five dollars ($25.00) to compensate for the cost of supervision of the administration, and shall assess the resulting sum against said tract of real estate, which shall be certified to the County Treasurer by the Clerk, and shall be placed upon the tax books, and collected, together with interest and penalties, in the same manner as other unpaid taxes. When collected, the funds shall be paid into the fund from which said costs were originally paid.
(Ord. 1723 - Jul. 12 Supp.)
2. Before making any such assessment, the City Engineer shall, as required under the provisions of Section 384.59 of the Code of Iowa, prepare a plat and schedule of the several lots, tracts of land, or parcels of ground to be assessed, which shall be in accord with the assessor’s records, and the amount proposed to be assessed against each of the same, for destroying, cutting or otherwise controlling weeds upon said property during the fiscal year.
3. The Council shall thereupon fix a time for the hearing on such proposed assessments, which time shall be not later than December 15 of the year, and at least fifteen days prior to the time thus fixed for such hearing, shall give notice thereof to all concerned that such plat or schedule is on file, and that the amounts as shown therein will be assessed against the several lots, tracts, or lands, or parcels of ground described in said tract or schedule at the time fixed for such hearing, unless objection is made thereto. Notice of such hearing shall be given by two publications in a newspaper published within the City, the first publication of which shall be not less than ten days before the date of the hearing. At such time and place, the owner of said premises, or anyone liable to pay such assessment, may appear with the same rights given by law to property owners who protest other special assessments.
4. The procedures established for the assessment and collection of the cost of weed cutting or elimination, shall only be applicable to the cutting, burning, or destruction of weeds by the City, and shall have no applicability to any actions taken under the direction of the County Weed Commissioner.
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