(A) From the date the notice of violation is mailed or delivered, the property owner has seven days to abate the violation. After seven days and if no timely appeal is filed, the Department will perform a site inspection. If the property owner has abated the violation (mowed the property), the Department will note in its file that the property owner has come into compliance, and the violation is closed. If the property owner fails to abate the violation, then the property owner shall be deemed to have granted permission to the city to enter the property owner's property for the purpose of cutting and/or removing weeds and rank vegetation located thereon and identified in the notice of violation. The Department or its designee will document the violation via photography that captures the height of the grass and the property address, and immediately mow the property. The Department shall maintain before and after photographs.
(B) If the property owner fails to abate the violation within the seven-day period referenced in division (A) above, the property owner shall be liable for a fine subject to the following:
(1) If the property owner has not previously violated this section, the fine shall be no more than $25;
(2) If the property owner has previously committed one violation of this section, the fine shall be no more than $100; and
(3) If the property owner has previously committed two or more violations of this section, the fine shall be no more than $500.
(C) In the event city employees are used to enforce this chapter, the hourly rate shall be $100 per hour per employee for the first violation and said rate shall increase by $50 per hour per employee for subsequent violations. In addition to the hourly rate, all costs involved with the disposal of any material removed from the property shall be assessed to the property owner. This hourly rate shall be adjusted from time to time by the City Council by resolution in order to be assured that the costs of such cutting, removal or destroying are completely paid for by the landowner, and not the taxpayer.
(D) The Department shall mail, via first class mail, an invoice to the property owner reflecting the total cost incurred by the city in mowing the property, administrative costs associated with abating the violation, and a citation for the appropriate minimum fine as outlined in division (B).
(E) Within ten days of the date the invoice in division (C) is mailed, the property owner shall:
(1) Pay to the Department all amounts owed as reflected in the invoice; or
(2) File a written appeal with the City Court setting forth the address of the property; the name of the property owner; the basis for the appeal and any documentation supporting the appeal. Basis for appeal may be:
(a) Cut and removal of weeds and rank vegetation was not performed on the property;
(b) Cut and removal of weeds and rank vegetation was performed before the time period set forth in the notice of violation;
(c) Amount of invoice is incorrect; or
(d) The property owner was not properly served legal notice. Upon appeal, the City Court shall set the matter for contested hearing and determine whether the property owner is liable for the violation and, if appropriate, assess fines. In any proceeding before the City Court regarding the violation, the city shall be entitled to recover reasonable attorney fees and costs if it is the prevailing party.
(Ord. 1755, passed 6-6-22)