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For the purpose of this subchapter, the following definitions shall apply unless the context clearly implies or requires a different meaning.
NOXIOUS WEEDS. Canada thistles and all of its varieties, perennial sow thistles, European bindweed, leafy spurge, Russian knapweed, Johnson grass, giant foxtail, hoary cress ragweed and other weeds of whatever kind.
TALL GRASS. Grass of any kind that exceeds eight inches in height, except for grass on public property which is intended to exceed eight inches in height, such as is or may be found in prairies, wetlands, detention ponds or other similar areas.
(Ord. 2022-032, passed 4-26-2022)
(A) No owner of real estate within the city shall knowingly permit the growth of noxious weeds or tall grass on his or her property.
(B) Weeds and tall grass that exist on property within the city are hereby declared to be a nuisance. Where such a nuisance is found to exist on private property or on the public parkway abutting private property, the city may issue a violation notice to the property owner for adjudication through the Circuit Court or the city’s administrative adjudication system.
(C) The violation notice and any penalties that are imposed shall be independent of, and in addition to, any proceedings to abate the nuisance and lien on the property for costs as stated in §§ 95.039 and 95.040 of this code. Penalties for violations of this section are graduated and are set forth in § 10.99 of this code.
(Ord. 2022-032, passed 4-26-2022) Penalty, see § 10.99
(A) All landscaping including, but not limited to, trees, shrubs, plants, flowers and the like that exists on any property must be properly maintained in order for the landscaped areas to fulfill the purposes for which they were established. The owner of the property and any tenant on the property where landscaping exists shall be jointly and severally responsible for the maintenance of all landscape materials on the property. Such maintenance shall include all actions necessary to keep the landscaped areas free of litter, weeds and debris and to keep plantings healthy and orderly and aesthetically pleasing in appearance. Improperly maintained landscaping on property within the city is hereby declared a nuisance.
(B) Where such a nuisance is found to exist on private property or on the public parkway abutting private property, the city may issue a violation notice to the property owner for adjudication through the Circuit Court or the city’s administrative adjudication system.
(C) The violation notice and any penalties imposed shall be independent of, and in addition to, any proceedings to abate the nuisance and lien on the property for costs pursuant to §§ 95.039 through 95.041 of this code. Penalties for violations of this section are graduated and are set forth in § 10.99 of this code.
(Ord. 2022-032, passed 4-26-2022) Penalty, see § 10.99
No owner of real estate within the city shall permit any weeds, grass or plants, other than trees, flowers or other ornamental plants, to grow thereon to a height in excess of eight inches.
(Ord. 2022-032, passed 4-26-2022) Penalty, see § 10.99
(A) In the event that the owner of real estate neglects or refuses to destroy or cut the weeds, tall grass or improperly maintained landscaping as herein provided, the Superintendent of Public Works shall proceed to destroy or cut the weeds, tall grass or improperly maintained landscaping.
(B) The Superintendent shall keep an account of the cost and expense.
(C) The cost and expense shall be charged to and paid by the owner of the real estate.
(Ord. 2022-032, passed 4-26-2022)
(A) The cost and expense of the destruction or cutting of weeds, tall grass or improperly maintained landscaping shall be a lien upon the real estate superior to all other liens and encumbrances, except tax liens.
(B) Whenever a bill for the cost and expense remains unpaid for 60 days after it has been rendered, the City Clerk shall file in the office of the County Recorder of Deeds or Registrar of Titles a verified notice of lien setting forth:
(1) A legal description of the real estate;
(2) The amount of money representing the cost and expense incurred or payable for the service;
(3) The date or dates when such cost and expense was incurred by the city; and
(4) A notice that the city claims a lien for said amount.
(C) A duplicate original of the notice of lien shall be mailed to the owner of the premises, if known, and, in the event the owner or the owner’s residence is not known, then to a prior lien or encumbrancer or agent of the owner or occupant of the real estate.
(Ord. 2022-032, passed 4-26-2022)
(A) Upon payment of the cost and expense by the owner of, or other persons interested in, such real estate after notice of such lien has been filed, the lien shall be released by the city to the person paying such costs and expense or otherwise filed of record as in the case of filing notice of lien.
(B) The lien hereinabove provided for shall be enforced in the manner now provided by law for the enforcement of mechanics liens.
(Ord. 2022-032, passed 4-26-2022)
OTHER NUISANCES
(A) It is declared a nuisance for any person, firm or corporation to plant or permit the growth of, upon any premises, the bush of the species of tall, common, or European Barberry, further known as Berbis Vulgaris, and its horticultural varieties, within the corporate limits of the city.
(B) It is the duty of the Commissioner of Health to serve through the Chief of Police, or other person designated by the Commissioner to do so, a notice in writing upon the owner, agent, occupant or person in possession, charge or control of any lot, building or premises in or upon which this bush may be found, requiring them or either of them to remove, destroy and carry the same away and off such premises within two days.
(C) If the person so notified shall refuse or neglect to comply with such order within the time and in the manner specified, the Commissioner of Health, by the Chief of Police or other police officer of the city, shall cause the abatement of the nuisance at the expense of the party or parties responsible for or permitting the same.
(Prior Code, § 95.35) Penalty, see § 10.99
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