Section
Weeds
98.01 Growth prohibited; removal
98.02 Notice to remove
98.03 Removal costs
98.04 Delinquent charges a lien
98.05 Remedies not exclusive
Trees
98.10 Prohibited trees
98.11 Tree Board
98.12 Street tree species to be planted
98.13 Public tree care
98.99 Penalty
Cross-reference:
Tree limbs over streets and sidewalks, see § 97.11
WEEDS
(A) No landowner of any lot or other parcel of real estate located in the city shall suffer or permit the growth of grass, weeds or other rank vegetation upon the lot or other parcel of real estate.
(B) It shall be the duty of every landowner of any lot or other parcel of real estate located in the city to cut and remove all grass, weeds and other rank vegetation of any kind growing upon such property greater than six inches.
(C) No landowner of any lot or other parcel of real estate located in the city, which is adjacent to a tree plat, shall suffer or permit the growth of grass, weeds or other rank vegetation upon said tree plat.
(D) It shall be the duty of every landowner of any lot or other parcel of real estate located in the city that is adjacent to a city tree plat to cut and remove all grass, weeds and other rank vegetation of any kind growing upon such tree plat greater than six inches.
(Ord. 16-1966, passed 7-11-66; Am. Ord. 11-2020, passed 8-17-20; Am. Ord. 15-2023, passed 9-18-23) Penalty, see § 98.99
(A) In the event any landowner of any lot or other parcel of real estate located in the city shall violate § 98.01, the Building Commissioner or the Building Commissioner's designee shall issue a written notice of violation to remove the weeds or other rank vegetation to the landowner. The landowner shall remove the weeds or other rank vegetation within ten days of the date the notice is served upon the landowner. The notice of violation may be served upon the individual landowner or an individual acting in a representative capacity, by the Building Commissioner or the Building Commissioner's designee, including law enforcement, by any of the following:
(1) Sending a copy of the notice of violation by registered or certified mail or other public means by which a written acknowledgment of receipt may be requested and obtained to his or her residence, place of business or employment with return receipt requested and returned showing receipt of the letter; or
(2) Delivering a copy of the notice of violation upon the individual landowner, or an individual acting in a representative capacity for the landowner, personally; or
(3) Leaving a copy of the notice of violation at the landowner's house or usual place of abode; or
(4) Serving the landowner's agent as provided by rule, statute or valid agreement.
(B) However, whenever service is made under divisions (A)(3) or (4) above, the person making the service shall also send by first class mail, a copy of the notice of violation to the last known address of the landowner.
(‘67 Code, § 95.03) (Ord. 16-1966, passed 7-11-66; Am. Ord. 34-2006, passed 12-12-06; Am. Ord. 11-2020, passed 8-17-20; Am. Ord. 15-2023, passed 9-18-23)
(A) If the landowner fails to remove the weeds or other rank vegetation within the time prescribed in § 98.02 as determined by the Building Commissioner or the Building Commissioner's designee, the city may remove the weeds or other rank vegetation using its own employees or by hiring a private contractor for said removal. If the city exercises its right to remove said weeds or other rank vegetation, the Clerk-Treasurer shall make a certified statement of the actual cost incurred by the city in the removal and deliver said statement along with a demand for payment to the landowner to the landowner's last known address by regular U.S. first-class mail. The landowner shall pay the amount demanded in the Clerk-Treasurer's certified statement within ten days of the date of the notice mailed to the landowner.
(B) For purposes of calculating the costs incurred by the city to remove a landowner's weeds or other rank vegetation using its own employees, the city shall be entitled to recover from the landowner $75 per man hour with a minimum fee of $75. The city shall also be entitled to recover any equipment rental costs, fuel costs, and any other reasonable costs incurred as a result of removing a landowner's weeds or other rank vegetation.
(C) If the landowner fails to pay the amount demanded in the Clerk-Treasurer's certified statement within the time prescribed herein, the Clerk-Treasurer shall cause to be filed in the Office of the Auditor for Lawrence County a certified copy of the Clerk-Treasurer's statement of costs and same shall become a lien upon the real estate located within the City of Bedford until said amount is paid in full. The Auditor shall place the amount claimed on a tax duplicate for the real estate affected and said amount shall be collected as taxes are collected and shall be disbursed to the City of Bedford General Fund.
(Ord. 16-1966, passed 7-11-66; Am. Ord. 11-2020, passed 8-17-20)
(A) The Clerk-Treasurer shall collect any costs or charges, together with the penalty applicable thereto, for any cutting or removal of weeds done by the city. Whenever a delinquency occurs for nonpayment of the costs or charges, the Clerk-Treasurer shall file in the County Recorder’s office a notice of lien setting forth the name or names of the owner or owners of each lot or other parcel of real estate on which the costs or charges have become delinquent, the description of the lot or other parcel of real estate as shown by the records of the county auditor’s office, and the amount of the delinquent costs or charges together with the amount of the penalty thereon. This lien shall attach to the lot or other parcel of real estate described in the notice of lien from the time of the recording of the notice of lien. The Clerk-Treasurer shall further certify to the County Auditor a true copy of the notice of lien.
(B) The amount of the delinquent costs or charges and the penalty thereon shall be charged to the lot or other parcel of real estate on the tax duplicate and shall be collected in the same manner as taxes are collected by law. Upon collection of the costs or charges and the penalty thereon, as provided for herein, the County Auditor or other appropriate county official shall pay over to the Clerk-Treasurer the total amount of all the costs or charges so collected together with one-half of the penalty thereon, retaining for the use and benefit of the county the other one-half of the amount of the penalty as a fee for collection.
(‘67 Code, § 95.05) (Ord. 16-1966, passed 7-11-66)
The conviction and imposition of a fine upon any person for a violation of this chapter under §§ 98.01 and 98.99 shall not bar the city from cutting the weeds or other rank vegetation or from recovering the costs or charges of performing this work and any penalty thereon, as provided in §§ 98.02 through 98.04.
(‘67 Code, § 95.06) (Ord. 16-1966, passed 7-11-66)
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