(A) Nuisance prohibited. Any owner, agent, occupant, responsible party or person shall have the duty to maintain trim or remove nuisance weeds and dead, infected or infested trees and bushes and eradicate noxious weeds on any part of the premises and parkway immediately adjacent to the premises so as to maintain compliance with this chapter.
(B) Garden area. A weed and trimming notice shall not be issued for weeds in gardens during the regular growing season. When the Department determines a garden is done producing, all provisions of this section to abate and eradicate the nuisance will be enforced.
(C) Open space. Except for provisions dealing with exotic and noxious weeds, this section shall not apply to open space areas as described in this division (C). Any land more than two acres in area and used actually and exclusively for maintaining or enhancing natural or scenic resources, that protects air or streams or water supplies, promotes conservation of soil, wetlands, beaches or marshes, public or private golf courses, preserves historic sites or enhances the value to the public of abutting or neighboring city, state or federally owned parks, forests, wildlife preserves, nature reservations, sanctuaries or other open spaces. Land is not used for open space purposes within the meaning of this division, if it is used primarily for residential purposes.
(D) Privately contracted service. In the event that the city abates, or causes to be abated, a violation on any vacant property per § 94.02(D), or, has issued multiple violations in any two consecutive years on any vacant property, the city has the right, but not the obligation, to proceed through the administrative adjudication system to seek an order requiring the property owner to retain the services of a private contractor to maintain the height of all grass and weeds in compliance with this section. Proof of said retention shall consist of a copy of a valid, signed contract between the owner and contractor indicating that mowing services through the end of October of that year will be provided on a clearly defined schedule to prevent the height of any weeds or grass on the property from exceeding the maximum allowable height specified in § 94.02(D).
(E) Land owned by the city shall be exempt from the provisions of this section.
(Ord. 22-3670, passed 5-4-2022)