(A) From the date the notice of violation is mailed or delivered, the property owner has seven days to abate the violation. After seven days and if no timely appeal is filed, the Department will perform a site inspection. If the property owner has abated the violation (mowed the property), the Department will note in its file that the property owner has come into compliance, and the violation is closed. If the property owner fails to abate the violation then the property owner shall be deemed to have granted permission to the city to enter the property owner’s property for the purpose of cutting and/or removing weeds and rank vegetation located thereon and identified in the notice of violation. The Department or its designee will document the violation via photography that captures the height of the grass and the property address, and immediately mow the property. The Department shall maintain before and after photographs.
(B) If the property owner fails to abate the violation within the seven day period referenced in division (A) above, the property owner shall be liable for a fine up to $1,000 subject to the following:
(1) If the property owner has not previously violated this section, the fine shall be at least $250;
(2) If the property owner has previously committed one violation of this section, the fine shall be at least $500; and
(3) If the property owner has previously committed two or more violations of this section, the fine shall be at least $750.
(C) The Department shall mail, via first class mail, an invoice to the property owner reflecting the total cost incurred by the city in mowing the property, administrative costs associated with abating the violation, and a citation for the appropriate minimum fine as outlined in division (B).
(D) Within ten days of the date the invoice in division (C) is mailed, the property owner shall:
(1) Pay to the Department all amounts owed as reflected in the invoice; or
(2) File a written appeal with the City Court setting forth the address of the property; the name of the property owner; the basis for the appeal and any documentation supporting the appeal. Basis for appeal may be: (1) cut and removal of weeds and rank vegetation was not performed on the property; (2) cut and removal of weeds and rank vegetation was performed before the time period set forth in the notice of violation; (3) amount of invoice is incorrect; or (4) the property owner was not properly served legal notice. Upon appeal, the City Court shall set the matter for contested hearing and determine whether the property owner is liable for the violation and, if appropriate, assess fines. In any proceeding before the City Court regarding the violation, the city shall be entitled to recover reasonable attorney fees and costs if it is the prevailing party.
(Ord. 120511A, passed 1-3-12; Am. Ord. 031813A, passed 5-13-13; Am. Ord. 091613, passed 9-16-13; Am. Ord. 091514A, passed 11-17-14; Am. Ord. 032017A, passed 3-20-17)