(a) Periodic Cutting Required.
(1) No person owning or being in possession of land within the City shall fail to keep such property free and clear of all noxious weeds and rank vegetation or fail to cut all such weeds and vegetation on land owned or in his or her possession whenever such weeds and vegetation have grown to a height of more than eight inches. In any event, no person shall fail to cut such weeds and vegetation at least twice in every year, once between June 1 and July 1 and once between August 1 and September 1.
(Ord. 77-30. Passed 8-9-77.)
(2) In addition to the requirements of division (a)(1) hereof, no person shall permit any grass or weeds to grow to a height of more than eight inches on any section of a public right-of- way, including an easement area, contiguous to his or her property and on his or her property side of any pavement traveled by motor vehicles, except for areas designated by the City.
(Ord. 81-13. Passed 4-28-81.)
(3) No person shall permit trees, bushes, shrubs or other growth to overhang or block any part of a sidewalk or unpaved but traveled portion of a street for a height of seven feet above the surface, or any part of a paved street for a height of fourteen feet above the surface.
(b) Notice to Cut; Action of Owner or Tenant. Upon information that noxious weeds, rank vegetation, trees or bushes exist in violation of subsection (a) hereof, the City Manager or his or her designee shall cause written notice to be served on the owner or other person having possession of such land to the effect that such weeds, vegetation, trees or bushes exist in violation of this section. Thereupon, such weeds and vegetation must be cut and destroyed within five days after service of such notice.
(c) Procedure Upon Failure to Comply with Notice. If the owner or person in possession of such land fails to comply with the notice provided for in division (b) hereof, the City Manager or his or her designee may cause the noxious weeds, rank vegetation, trees or bushes to be cut and destroyed.
(d) Certification of Cost of Cutting. The Director of Finance shall make a written return to the County Auditor of the action of the City under divisions (b) and (c) hereof, with a statement of the charges for the service of the City in cutting such weeds and other growth, including the amount paid for labor, the fees of the officers serving such notices and a proper description of the premises. Such amounts shall be entered upon the tax duplicate and be a lien upon such land from and after the date of the entry, to be collected with other taxes and returned to the City with other items of the General Fund.
(Ord. 86-19. Ord. 10-28-86.)
(e) Fees. The fees for mowing, clearing or trimming grasses, weeds, trees or bushes, pursuant to this section, shall be twice the price charged by the contractor hired by the City to perform such work, provided that the minimum fee for such work shall be ninety dollars ($90.00) for the first half hour, or part thereof, and forty-five dollars ($45.00) per quarter hour, or part thereof, in addition to an administrative fee of one hundred dollars ($100.00).
(Ord. 91-19. Passed 11-26-91; Ord. 00-5. Passed 5-9-00; Ord. 01-2. Passed 1-9-01; Ord. 03-4. Passed 4-8-03; Ord. 05-1. Passed 1-25-05.)
(f) Penalty. Whoever violates or fails to comply with any of the provisions of this section is guilty of a minor misdemeanor. A separate offense shall be deemed committed each day the violation or noncompliance continues after the five days allowed for performance after service of the notice provided for in division (b) hereof. The penalty shall be as provided in Section 698.02.
(Ord. 80-06. Passed 1-8-80.)