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The purpose of this part is to protect the public health, safety and welfare of the people of the City by eliminating and controlling, to the extent possible, the growth and proliferation of weeds within the City, which become a fire hazard, a traffic and pedestrian hazard, which clog drainageways and are designated as noxious weeds or undesirable plants.
This part does not apply to land within the City in its natural state which is overgrown with native grasses and plants. "Land in its natural state" means land which has not been disturbed by digging, scraping or plowing so as to disturb the natural growth indigenous to the area. (Ord. 82-71; Ord. 96-111; Ord. 01-42)
OWNER: Includes the owner of record, whether person, partnership, firm, corporation, or other association of persons, any authorized agent or representative of the owner of record, and any occupant of the premises.
PREMISES: A lot or portion thereof, parcel of land, building or establishment. For the purposes of any duty or obligation imposed by this part, this term includes an area extending to the centerline of any alley adjacent to a lot or portion thereof, parcel of land, building or establishment, or if no alley exists, that area including all easements of record, to and including the curb and gutter of the street on any side of the lot or portion thereof, parcel of land, building or establishment. Should there exist no adjacent private property, the premises is deemed to include the entire width of any adjacent alley.
WEED: Any plant which:
A. Ordinarily grows without cultivation,
B. Is not grown for the purpose of landscaping or food production, and
C. Will attain a large growth of not less than nine inches (9") in height or grows or accumulates so as to become a fire, traffic or pedestrian hazard when mature. (Ord. 82-71; Ord. 86-214; Ord. 96-111; Ord. 01-42)
A. The growth of weeds or the accumulation of cuttings, mowings or other debris, or the nonremoval of the same from premises located within the City is declared to be a fire hazard when the growth or accumulations are within fifty five feet (55') of any building or structure, and are determined to be a fire hazard by the Code Enforcement Administrator investigating the alleged violation.
B. It is the duty of each owner of any premises located within the City to at all times cut and mow the weeds, or remove accumulations of cuttings, mowings or other debris, which are within fifty five feet (55') of any building or structure when determined by the Code Enforcement Administrator to be a fire hazard. (Ord. 82-71; Ord. 86-214; Ord. 90-122; Ord. 96-111; Ord. 01-42)
A. The growth of weeds or the accumulation of cuttings, mowings or other debris, or the nonremoval of the same from premises located within the City is declared to be a traffic and pedestrian hazard if the growth or accumulations have the effect of obstructing the sight or line of sight of any traffic control device or the safe movement of traffic or pedestrians within the City.
B. The growth of weeds or the accumulation of cuttings, mowings or other debris, or nonremoval of weeds, cuttings, mowings or other debris from any property adjoining a public right of way in which the growth or accumulation extends beyond the edge of the street or street curb into the property, regardless of the presence of sidewalks, and which interferes with the movement of pedestrians is hereby declared to be a traffic and pedestrian hazard. Weeds must be cut and removed from the property to a distance at least nine feet (9') back from the edge of the street or street curb.
C. It is the duty of each owner of any premises within the City to maintain landscaping at all times and to cut and mow weeds, or remove any accumulations, on the owner's property and in the space between the property line and the edge of the street or street curb in the front, rear or side of the owner's property whenever growth or accumulations constitute a traffic or pedestrian hazard. It is the duty of each owner of any premises containing weeds which interfere with the traffic or pedestrian line of sight at any intersection to cut and remove the weeds to a distance of fifty five feet (55') from the street corner and diagonally across the corner in a triangular area. In addition to the fifty five foot (55') triangle, there must be a clear line of sight from a stopped vehicle, as measured fifteen feet (15') from the curb line of the cross street, a distance of ten (10) times the posted speed limit of the oncoming traffic (e.g., 10 x 35 mph = 350 feet). (Ord. 82-71; Ord. 86-214; Ord. 96-111; Ord. 01-42; Ord. 03-123)
A. The growth of weeds or the accumulation of cuttings, mowings or other debris, or the nonremoval of the same, from premises located within the City is declared to be a nuisance whenever the growth or accumulation causes or results in the clogging of drainageways or any drainage structure which is used for the purpose of conveying stormwater drainage to safe outfall points.
B. It is the duty of each owner of any premises located within the City to at all times cut and mow the weeds on the respective premises, and to remove accumulations, whenever that growth or accumulation clogs drainageways or other drainage structures which are designed to convey stormwater drainage flows to safe outfall points. (Ord. 82-71; Ord. 86-214; Ord. 01-42; Ord. 08-44)
In the event an owner of any premises located within the City fails to cut and destroy weeds, or to have weeds, rubbish, debris or other accumulations cut, destroyed or removed in compliance with the provisions of this part, the Code Enforcement Administrator is authorized to have the weeds, rubbish, debris or other accumulations cut, removed or destroyed, and to assess the cost of cutting, removal or destruction, plus a surcharge not to exceed twenty five percent (25%) for administrative costs, against the property in the form of a lien if the owner fails to pay within twenty (20) days of billing in accord with section 9.6.311 of this part. (Ord. 82-71; Ord. 86-214; Ord. 90-122; Ord. 96-111; Ord. 98-85; Ord. 01-42)
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