The following procedures shall apply to the abatement of a Nuisance as defined by Section 553.01(a)(2):
(a) It shall be the responsibility of each owner of property within the City to maintain their property and abutting treelawns in a manner that prevents any weeds or grass from growing six (6) inches or higher in height and that prevents any vegetation from obstructing views compromising safe ingress or egress or otherwise impeding traffic, including pedestrian traffic, on any public rights of way. If the owner does not cut or destroy, or cause to be cut or destroyed, vegetation as required herein, the Mayor or designee is authorized to cause said Nuisance to be cut. Such abatement may be issued by the Mayor or designee without reporting said Nuisance to Council in the manner provided herein.
(b) The owner of property determined to be in violation of this Section shall be served a written notice upon the first identified violation per calendar year. Such notice shall state that the owner has two (2) calendar days to cut or destroy, or cause to be cut or destroyed, any weeds or grass that is six (6) inches or higher in height or any vegetation that obstructs views compromising safe ingress or egress or otherwise impedes traffic, including pedestrian traffic, on any public rights of way.
Further, the notice shall conspicuously state that failure to comply will result in the City causing the work to be done and the costs to be assessed against the property in the manner provided by this Section. The notice shall also conspicuously state that any subsequent violations of this Section concerning the same property during the same calendar year shall require no further notice.
(c) When it is deemed necessary for the City to cut vegetation, in accordance with the provisions of this Section, the owner shall be charged at the rate of two hundred dollars ($200.00) per hour or portion thereof, or the actual cost of the work, whichever is larger. The minimum charge shall be two hundred dollars ($200.00). Within thirty (30) calendar days after such work is performed, the City shall serve an order to the owner to pay the cost of such cutting, which shall include a statement of the amount of costs incurred and an explanation of the appeals process set forth in Section 553.10 herein. The order shall additionally state that failure to pay within thirty (30) calendar days or timely appeal will result in the charge being certified to the County Fiscal Officer for collection as other taxes and assessments are collected.
(d) If within thirty (30) calendar days after the mailing of the order, the cost is neither paid nor timely appealed, it may be certified to the County Fiscal Officer for collection as other taxes and assessments are collected or the City may seek recovery of such costs by civil action against the property owner involved. An Affidavit of Facts shall be filed if more than one thousand dollars ($1,000) has been expended by the City in abating the Nuisance.
(Ord. 122-2015. Passed 11-2-15; Ord. 153-2021. Passed 12-6-21.)