(A) The city may abate, without notice, weeds that have grown higher than 12 inches and are an immediate danger to the health, safety or welfare of any person.
(1) If the property is abandoned and/or not occupied the city may abate, without notice, weeds that have grown higher than eight inches and are an immediate danger to the health, safety, or welfare of any person.
(2) (a) Before the city may abate dangerous weeds and tall grass by mowing, the city must send by certified mail, return receipt requested, to the last owner of record of the real estate in the County Auditor’s office a notice that if the weeds or grass that have grown higher than eight inches are not mowed immediately then the city will proceed to abate the nuisance by mowing and that the charge of abatement of the nuisance shall be sent to the owner of record for payment and if not paid place on the tax rolls through the Auditor’s Office of Fayette County as provided by law.
(b) Once the initial notice set out above is provided by certified mail, a continuous abatement notice may be posted at the property at the time of mowing and this continuous abatement notice serves as notice to the property owner that each subsequent violation during the same year for which the initial notice for violation was provided may be abated by the city.
(B) No later than the tenth day after the date the city abates weeds under this section, the city shall give notice as described in § 98.36. The notice shall contain:
(1) An identification, which is not required to be a legal description, of the property;
(2) A description of the violations that occurred on the property;
(3) A statement that the city abated the weeds; and
(4) A statement that the property owner has the right to request an administrative hearing concerning the abatement.
(C) The city shall conduct an administrative hearing on the abatement of weeds if the property owner files with the city a written request for a hearing no later than the 30th day after the abatement of the weeds.
(D) A hearing conducted under division (C) shall be conducted no later than the 20th day after the date a request for a hearing is filed. The owner may testify or present any witnesses or written information relating to the abatement of the weeds.
(E) The city may assess expenses and certify costs to the County Auditor for placement on the tax duplicate as outlined in § 98.36.
(Ord. 4647, passed 7-5-05; Am. Ord. 5152, passed 5-20-10; Am. Ord. 5382, passed 7-2-12)