A. The property owner, tenant or person in possession of any property located within the city shall maintain the lawn so that grass and/or weeds shall not be permitted to grow to more than an eight-inch height. Failure to do so is deemed a public nuisance. The only exceptions permitted hereto are for tracts of land in a naturally wild state, so long as exception of such tract does not hinder the safety of the public by impairing the vision of drivers operating motor vehicles on adjacent public thoroughfares.
B. Clearance of brush or vegetative growth from roadways. The code official is authorized to require areas within the right-of-way and contiguous with the property be maintained in accordance with Section 12.04.120. The Planning Director or designee shall consider the following factors, in descending order of importance when evaluating whether an exception is appropriate:
1. Fire control issues;
2. Terrain, geography, topography such as rocky outcrops, slopes, ravines, and the like;
3. Would create an issue or a conflict with other sections of the Municipal Code;
4. Size or acreage of property;
5. Type of vegetation.
C. No criminal penalty or billing shall be imposed under this section unless the city causes notice to be given, to all owners, tenants or persons in possession of said property within the city, that the height of the grass and/or weeds that exceed said height shall be removed within two (2) days of reaching that height. Notice shall be published in the official newspaper once a year, on or about June 1st. This published notice shall constitute notice to the public as required by this section. In addition, city personnel shall post on what appears to be the main entrance door, or on a conspicuous place on such property, notification that they are in violation of this section,
giving them two (2) days to comply herewith, and mail such notice by certified mail, return receipt requested, to the property owner. If the certified letter is not signed for within seven (7) days of being mailed, the city at that time may proceed with mowing.
D. Any person violating any of the provisions of this section shall be subject to both criminal and civil sanctions. The city may proceed criminally for a violation of this section, with a maximum punishment as provided by ordinance for each day the violation exists, and/or the city may, at its option, cause the property to be mowed and bill the cost and expenses of such mowing, which shall include the cost of equipment, labor, administrative cost and a fine, to the property owner, or assess the cost thereof by special assessment against the property.(Ord. 727, 2013; Ord. 720, 2012; Ord. 719, 2012; Ord. 716, 2012; Ord. 712 (part), 2012; Ord. 585 (part), 2003)