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(a) No person owning or being in possession of land within the City shall fail to keep such property free and clear of all noxious weeds and rank vegetation or fail to cut all such weeds and vegetation on land owned or in his or her possession. For purposes of this division, the terms “noxious weeds” and “rank vegetation” shall include but not be limited to grass that is 12 inches or more in height.
(Ord. 93-123. Passed 8-3-93.)
(b) Upon information that noxious weeds or rank vegetation exist in violation of division (a) of this section, the Director of Public Safety/Service shall cause written notice that such noxious weeds or rank vegetation exist in violation of this section. Such written notice shall be served by personally leaving a copy of such notice with any occupant of such premises, or, otherwise by posting such notice at or on a site of ingress or egress serving such premises. Thereupon, such noxious weeds or rank vegetation shall be cut or destroyed within five calendar days after service of such notice in the manner specified above.
(c) If the owner or person in possession of such land fails to comply with the notice provided for in division (b) of this section, the Director of Public Safety and Service may cause the noxious weeds and rank vegetation to be cut and destroyed. At the discretion of the Director of Public Safety and Service, the cost to be charged and assessed to and paid by the owner or person in possession of such land for all mowing services, in conjunction with the removal of noxious weeds and vegetation provided by the City hereunder shall be either a flat fee of one hundred fifty dollars ($150.00) per hour or any fraction thereof, for the mowing services provided by City personnel and the use of City equipment; or, a sum equal to that charged to the City by independent contractors for such mowing services contracted for by the City. In addition to the foregoing, the owner or person in possession of lands from which noxious weeds or vegetation are cleared, as provided hereunder, shall be responsible for the full replacement cost of any equipment damaged as the result of such mowing services provided by either City personnel or its independent contractors.
(Ord. 96-03. Passed 1-9-96; Ord. 01-83. Passed 6-5-01.)
(d) Council shall make a written return to the County Auditor of the action of the City under division (b) and (c) of this section with a statement of the charges for the service of the City in cutting such weeds, including the amount paid for labor, the fees of the officer serving the notice and a proper description of the premises. Such amount shall be entered upon the tax duplicate and be a lien upon such land from and after the date of the entry, to be collected with other taxes and returned to the City with other items of the General Fund.
(Ord. 77-68. Passed 8-2-77.)
(e) There is hereby established the following fee schedule to be charged by all City departments for the use of City equipment and manpower for the mowing of noxious weeds:
(1) Seventy-five dollars ($75.00) per hour, or any part thereof, for the use of large equipment and manpower.
(2) Forty dollars ($40.00) per hour, or any part thereof, for the use of small equipment and manpower.
(Ord. 91-114. Passed 9-17-91; Ord. 06-123. Passed 10-3-06.)