(A) In determining whether a violation of this chapter exists, the following factors must be considered by the City Manager or designated agent:
(1) The weeds or grasses endanger the public health, safety, or welfare including whether the weeds or grasses create a general aesthetic depreciation of the neighborhood; or
(2) The weeds are noxious as defined herein.
(B) If a violation is declared, it is the duty of every owner of property including property abutting any public street or alley to cause all grass and weeds to be kept cut to the center of such platted street or alley, including the public boulevard. If the grass or weeds in such a place are eight inches or more in height it is prima facie evidence of a violation of this chapter.
(C) Exemptions. The following items are exempted from the grass and weed requirements in this chapter:
(1) The portion of any privately or publicly-owned lot or tract of land in the city that contains a ponding area, drainage way, or public water wholly or partially within its legal boundary.
(a) The owner of the property described in (C)(1) may establish a strip of vegetation between the normal water level and the high water level along the ponding area, drainage way, or public water of not more than 20 feet. This strip of vegetation may be allowed to grow to any height and will not be declared a nuisance under this chapter. However, the owner of the property is required to control or eradicate noxious weeds. No grasses or weeds below the normal water level of the ponding area, drainage way or public water will be declared a nuisance under this chapter.
(2) The portion of any privately or publicly-owned lot or tract of land in the city that contains an area with side slopes of 25% or greater wholly or partially within its legal boundary.
(3) Parks and natural areas owned by the city and rights-of-way owned and maintained by the county and state.
(4) Any area established as a managed natural landscape:
(a) Managed natural landscapes may include plants and grasses eight inches or more in height and which have gone to seed, but may not include any weeds or noxious weeds and must be maintained so as to not include unintended vegetation; and
(b) Managed natural landscapes may not include any plantings, which due to location and manner of growth constitute a hazard to the public or may cause injury or damage to persons or property when such growth is in violation of other applicable sections of city code; and
(c) The area is established and maintained in accordance with generally accepted practices; and
(d) Managed natural landscapes shall not include turf-grass lawns left unattended for the purpose of returning to a natural state; and
(e) A buffer strip not less than three feet from side and rear property lines must be maintained when a managed natural landscape covers more than 25% of the landscaped area of the entire yard. A buffer strip is not, however, required if:
1. A fully opaque fence at least four feet in height is installed along the lot line adjoining the managed natural landscape area;
2. The adjacent property is not being used for residential purposes; or
3. The adjacent residential property also contains a managed natural landscape area covering more than 25% of the landscaped area of the entire yard.
(f) That while a managed natural landscape is being established and covers more than 25% of the landscaped area of the entire yard, a sign must be posted on the property in a location likely to be seen by the public, advising that a managed natural landscape is being established. The sign must be no smaller than eight inches square and no larger than one foot square, displayed no higher than three feet, and set back five feet from the property line. If the managed natural landscape covers less than 25% of the landscaped area of the entire yard a sign is not required.
(5) Pasture land that is currently being used for the exercise or feeding of domestic hoofed animals and is surrounded by a permanent fence that separates the pasture from property used for other purposes, is at least five acres in size, and undeveloped with any habitable building.
(6) Vacant parcels of land larger than five acres in size, (undeveloped with any habitable building) with a physical barrier to separate the vacant land from developed adjacent properties. If a physical barrier does not exist, a 15-foot transition strip of land on that property which is mowed or otherwise maintained is required next to the developed adjacent properties. A 15-foot transition strip must also be mowed and maintained along all public right-of-ways, streets, trails and alleys.
(7) Platted lots located in subdivisions where 50% or less of the lots have been developed provided:
(a) A 15-foot transition strip must be mowed and maintained along all public right-of-ways, streets, trails and alleys.
(b) Vacant lots located adjacent to developed properties must comply with this chapter.
(8) The portion of any privately or publicly owned lot or tract of land in the city that contains a wooded area as determined by the City Manager or designated agent.
(‘72 Code, § 1020:00) (Ord. 1983-439(A), passed 10-24-83; Am. Ord. 1998-871, passed 4-13-98; Am. Ord. 2002-973, passed 5-28-02; Am. Ord. 2010-1112, passed 4-5-10; Am. Ord. 2014-1170, passed 5-27-14) Penalty, see § 10.99