(a) In order to preserve property values and public health, safety and sanitation, every owner, lessee, agent or tenant having charge of or responsibility for maintenance of the lots or lands within the Municipality shall be required to cut weeds, and/or grasses as hereinafter described, except for those lots or lands which are used for agriculture as defined in Section 1143.02(d) of the Codified Ordinances. Further, hay and/or alfalfa shall be cut at least twice per growing season.
Every owner, lessee, agent or tenant having charge of or responsibility for maintenance of any lot or land described in this section shall be required to cut all weeds and/or grasses to a height not over six inches. (Ord. 05-28. Passed 5-16-05.)
(b) The terms of subsection (a) hereof shall not apply to natural preserves, which shall be any publicly owned lands designated as park or open space or private properties approved by the Municipal Council which are set aside to preserve their natural characteristics and qualities. (Ord. 01-47. Passed 11-5-01.)
(c) Upon obtaining information that weeds and/or grasses on applicable lots or lands are in violation of the requirements set forth in subsection (a) hereof, the Manager or designee shall cause written notice to be served on the owner or person having charge of such lots or lands that such weeds and/or grasses shall be cut and destroyed (or removed) within five days after service of such notice. Written notice shall be served once each calendar year. Notices shall be personally delivered to the person having charge of the lots or lands. If the address is not known or personal delivery is not accepted or received, it shall be sufficient to post such notice of violation on the property, lots or lands in which the violation is present.
(Ord. 05-28. Passed 5-16-05.)
(d) If the owner or person having charge of lots or lands in violation of this section fails to comply with the notice within the time period stipulated, the Manager or designee is authorized to enter upon such lots or lands and shall cause such weeds and/or grasses to be cut and destroyed (or removed) by the direct employment of Municipal laborers or authorize a person to cut the weeds on behalf of the Municipality. All expenses and costs incurred shall be paid out of Municipal funds appropriated by Council for this purpose.
(e) When the Manager or designee causes weeds and/or grasses to be cut and the lots or lands to be cleaned of debris as provided in subsection (d) hereof, a statement of cost thereof shall be mailed to the owner of such lots or lands by certified mail, return receipt requested. Such statement of cost shall include the following:
(1) Administration and supervision;
(2) Transportation of personnel and equipment;
(3) Equipment rental;
(4) Equipment operator;
(5) Incidental labor; and
(6) Cost of equipment damages or repairs directly related to the work performed on owner's property.
When a person not directly employed by the Municipality is authorized to perform such work, a statement shall be for one hundred twenty-five percent (125%) of the contractual cost. If payment is not forthcoming within thirty days of receipt of the statement, Council shall cause all costs incurred by the Municipality in cutting and disposing of such weeds and/or grasses to be entered upon the tax duplicate and shall be a lien upon such lots or lands.
(f) Each notice to cut weeds shall state that if the notice is not complied with within the time limit provided therein, in addition to the penalty provided in Section 521.99, costs incurred by the Municipality in cutting and disposal of weeds and/or grasses shall be entered upon the tax duplicate and shall be a lien upon such lots or lands.
(Ord. 97-26. Passed 5-5-97.)