1933.04 NOTICE TO OWNER TO CUT; FAILURE OF OWNER TO COMPLY; CITY ACTION.

       (a)    When the City ascertains that noxious weeds are growing on any property within the City limits, notice shall be given to the owner, operator, or occupant, of such property that noxious weeds are growing thereon and must be destroyed by any of the methods set forth in Section 1933.03, and that such destruction must be completed within forty-eight (48) hours after receipt of such written notice. The written notice shall state the City's intent to cut the noxious weeds if the owner, operator or occupant of such property fails to comply with the notice within forty-eight (48) hours after receipt. The written notice shall also advise the property's owner, operator, or occupant that such person shall be liable for all expenses incurred by the City for cutting such noxious weeds, plus administrative costs in the amount of twenty-five (25%) percent of the total expenses incurred.

     (b)    If the owner, operator, or occupant neglects or refuses to cut brush, briers, thistles, or other noxious weeds as described in Section 1933.03(c), an owner, operator, or occupant of land abutting on the partition fence, may cut any portion of said brush, briers, thistles, or other noxious weeds as is encroaching on his or her property.

   (c)    If the owner, operator, or occupant of property fails to comply with the notice issued pursuant to subsection (a) of this Section 1933.04 within forty-eight (48) hours after receipt, the City Manager, and/or his or her designee, is hereby authorized to proceed to cut the noxious weeds.

   (d)    For any notice herein required, service may be by personal service or by regular mail. Service by regular mail shall be evidenced by a certificate of mailing. It shall be deemed sufficient service to mail the notice to the last known address of such owner, operator, or occupant, of the property. If notice is sent by regular mail, it shall be deemed received three (3) business days from the date of mailing.

   (e)    If the property in violation of this Chapter is unimproved or has no mailbox upon which to mail notification of the violation, the City Manager, and/or his or her designee, may cause the notification of violation to be posted upon the land.

(Ord. 2022-4-26. Passed 4-13-22; Ord. 2023-9-82. Passed 9-27-23.)