557.04  WEED CONTROL.
   (a)   Noxious Weeds and High Grass Prohibited.
      (1)   Noxious weeds, such as thistle, jimpson, burdock, ragweed, cocklebur or other weeds or grass in excess of eight inches (8") in height, found growing on any lot or tract of land in the Municipality, are hereby declared to be a nuisance.  All noxious weeds shall be prohibited.  Weeds shall be defined as all grasses, annual plants and vegetation, other than trees or shrubs; provided however, this term shall not include cultivated flowers and gardens.  No person shall permit any such weeds to grow or remain on any premises located in Gallipolis.
      (2)   Whoever violates this section is guilty of a minor misdemeanor.  Punishment shall be as provided in Section 501.99.
   (b)   Notice to Cut and Destroy; Service.
      (1)   Upon written or verbal information that noxious weeds or high grass in excess of eight inches (8") in height is growing on property in the Municipality, the City Manager, or his or her duly appointed agent, shall investigate and if such information is determined to be valid, shall cause written notice to be served upon the owner, lessee, agent or tenant having charge of such land, personally, or by certified mail, return receipt requested, notifying him or her that such noxious weeds or high grass is growing upon such lands and must be cut and destroyed within five days after service of such notice.  Such notice shall be served personally or sent to the owner’s tax mailing address on file in the offices of the Gallia County Auditor or Gallia County Treasurer by certified mail.  If the address is unknown, it shall be sufficient to publish such notice once in a newspaper of general circulation in the Municipality.  No person shall fail to comply with such notice within five days.
      (2)   When the City Manager, or his or her duly appointed agent, has served the notice upon the owner of any property to cut and destroy noxious weeds or high grass and the owner fails to respond and cut or destroy the noxious weeds or high grass within five (5) days as set forth in this Code, the City Manager, or his or her duly appointed agent, shall have the noxious weeds or high grass cut or destroyed and shall have the property mowed every two weeks thereafter during the growing season.
      (3)   Penalty.  Whoever violates or fails to comply with any of the provisions of this section is guilty of a minor misdemeanor.  Punishment shall be as provided in Section 501.99 .
   (c)   Fees for Service and Return.  The City Manager, or his or her duly appointed agent, shall make service of the notice provided for in subsection (b) hereof, shall make return thereof in the manner provided for in such section and shall be allowed the same fees as are allowed for the service of summons in civil cases.
   (d)   Noncompliance; Cutting and Destruction by Municipality; Expenses.  If the owner, lessee, agent or tenant having charge of the land fails to comply with the notice, the City Manager, or his or her duly appointed agent, shall cause the noxious weeds or tall grass to be cut and destroyed and may employ the necessary labor to carry out the provisions of this chapter.  All expenses incurred, when approved by the City Manager, shall be paid out of any money in the Municipal Treasury not otherwise appropriated.
   (e)   Collection of Costs.  The City Auditor shall make a written return to the County Auditor of the Municipality’s actions with a statement of its services, the amount paid for performing the labor, the fees of officers who made service of the notice and return and a proper parcel number and street address of the premises.  Such amounts, when allowed, shall be entered upon the tax duplicate, shall be a lien upon the land from and after the date of entry and shall be collected as other taxes and returned to the Municipality to the credit of the General Fund.  The remedy provided for herein and in subsection (d) hereof shall be in addition to the penalties provided in subsections (a)(2) and (b)(2) hereof.
(Ord. 2006-29.  Passed 7-6-06.)