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(a) The director is hereby authorized to give notice to the owner of any property upon which high grass and weeds exist to abate the nuisance.
(b) If the owner of the property does not comply with an abatement notice issued by the director within ten days after the date the notice is received, the director may:
(1) Enter the property and do or cause to be done the work required to abate the nuisance; and
(2) Pay for the work done and charge the expenses to the owner of the property.
(c) The notice must be given:
(1) Personally to the owner in writing;
(2) By letter addressed the owner at the owner’s post office address; or
(3) If personal service cannot be obtained or the owner’s post office address is unknown:
a. By publication at least twice within ten consecutive days;
b. By posting the notice on or near the front door of each building on the property to which the violation relates; or
c. By posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates, if the property contains no buildings.
(d) Notice will be deemed to have been received:
(1) For personal service, as of the date the notice was given personally to the owner;
(2) For mailed notice, three days after it was mailed;
(3) For notice by publication, on the date that the last notice was published in the official newspaper; or
(4) For notice by posting, ten days after notice was posted.
(e) The director in the notice of a violation may inform the owner by certified mail, return receipt requested, that if the owner commits another violation of the same kind or nature that poses a danger to the public health and safety on or before the first anniversary of the date of the notice, the city without further notice may correct the violation at the owner’s expense and assess the expense against the property.
(f) If a violation covered by a notice under subsection (e) above occurs within the one-year period, and the director has not been informed in writing by the owner of an ownership change, then the city without notice may take any action permitted by subsections (a)(1) and (a)(2) above and assess its expenses as provided by § 11A-11.
(Ord. 12931, § 1, passed 3-25-1997; Ord. 20277-07-2012, § 1, passed 7-10-2012)
(a) The director may abate, without notice, weeds or grass that:
(1) Have grown higher than 48 inches; and
(2) Are an immediate danger to the health, life or safety of any person.
(b) Not later than the tenth day after the date the director abates weeds or grass under this section, the director shall give notice to the property owner in the manner required by § 11A-9.
(c) This 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 or grass; and
(4) An explanation of the property owner’s right to request an administrative hearing about the city’s abatement of weeds or grass.
(d) The director shall conduct an administrative hearing on the abatement of weeds or grass under this section if, not later than the thirtieth day after the date of the abatement of the weeds, the property owner files with the director a written request for a hearing.
(e) An administrative hearing conducted under this section shall be conducted not later than the twentieth 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 city’s abatement of the weeds.
(f) The director may assess expenses and create liens under this section in accordance with § 11A-11.
(Ord. 12931, § 1, passed 3-25-1997; Ord. 20277-07-2012, § 1, passed 7-10-2012)
(a) All expenses incurred by the city to abate high grass or weeds, including the cost of giving notice as required, shall initially be paid by the city and charged to the owner of the property.
(b) To obtain a lien against the property, the director shall file a statement of expenses with the county clerk for the county in which the property is located. The lien statement shall state the name of the owner, if known, and the legal description of the property. The lien attaches upon the filing of the lien statement with the county clerk.
(c) The lien shall be security for the expenditures made and interest accruing at the rate of 10% per annum on the amount due from the date of payment by the city.
(d) The lien is inferior only to:
(1) Tax liens; and
(2) Liens for street improvements.
(Ord. 12931, § 1, passed 3-25-1997; Ord. 20277-07-2012, § 2, passed 7-10-2012)
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