The following provisions shall apply in cases where removal of the nuisance weeds from the premises is sought in addition to, or in place of, prosecution for violation of section 5-2-2 of this chapter.
A. Notice Of Violation: Written notice of violation shall be served upon the owner, owner's representative, contract purchaser, or the occupant directing that said nuisance weeds shall be cut and removed from the premises within ten (10) days or the City will cause said nuisance weeds to be removed, with cost thereof to be charged against said owner, owner's representative, contract purchaser, or the occupant. Notice of Violation shall be made by posting a copy of said notice on the premises and by mailing a copy of said notice to the owner, owner's representative, contract purchaser, and the occupant by first class United States mail. Said notice shall be deemed complete on the day the notice is posted or mailed.
B. Action Upon Non-Compliance: Upon the failure, neglect or refusal of any owner, owner's representative, contract purchaser, or any occupant, to exterminate or remove such nuisance weeds growing, lying or located upon the property or upon the one-half (1/2) of any road, street, or alley, lying next to the lands, or any boulevard abutting thereon, before the date specified in the notice described in subsection A of this section, or at any time after the specified date that such weeds reach a height or diameter of eight inches (8") or getting near going to seed and remain in that manner for a period of seven (7) days, the City is hereby authorized to exterminate or remove such nuisance weeds and report to the City Clerk the same, together with vouchers of the cost of such extermination and removal, plus ten percent (10%) additional to cover administrative costs. If the cost of such extermination and removal are not paid forthwith, then the total costs shall be assessed against the lot or parcel of land from which or adjoining which the nuisance weeds shall have been exterminated or removed.
The City Clerk shall each year prepare a resolution containing a list of all lots and parcels of land in the City from which, and adjacent to which, the weeds were exterminated or removed, which list shall contain opposite the number of such lots, or description of such parcels of land, the name of the owner or owners, if known, and the cost of removing such nuisance weeds. The City Clerk shall present a resolution to the City Council with the vouchers in support of each removal or extermination, and when the same is passed by the Council and approved by the Mayor in the same manner as other resolutions then a copy of the resolution shall be certified to the County Assessor or the Montana Department of Revenue and County Treasurer by the Clerk for collection in the same manner as other taxes.
C. Amount Of Charges: A fee of thirty dollars ($30.00) per hour per person for each hour worked but in no event shall less than forty dollars ($40.00) per lot minimum be charged for nuisance weed extermination work performed by the City.
D. Access To Premises: Any and all officers charged with enforcement of this chapter may go upon the lands infested with nuisance weeds, or suspected thereof, for any purposes necessary to such enforcement.
E. Penalty Enforcement: The removal of said nuisance weeds and the assessment of the costs thereof as provided in this section shall not prevent the enforcement of the penalties provided for in section 5-2-6 of this chapter. (Ord. 13-01, 6-17-2013)