§ 93.042 ABATEMENT PROCEDURE.
   (A)   City to cut or destroy; expenses to be paid by owner; liens. If the provisions of this subchapter are not complied with after the legal notices have been published, then an officer, inspector or other agent authorized by the City Council between April 1 and October 31 may enter upon a property as many times as necessary to cut or destroy tall grass, noxious weeds and rank vegetation, and the owner or occupant of the property shall pay all expenses incurred by the city. The city shall have a lien upon the property for the expenses, and a lien may be enforced in the manner prescribed by the general laws of the state providing for the enforcement of tax liens.
   (B)   Means of abatement. The officer, inspector or other agent authorized by the city may use hand or mechanical means to abate the violation, and shall take reasonable care to avoid unnecessary damages to the property.
   (C)   Owner liability. Owner liability shall be as follows:
      (1)   Lien upon property. From the time of commencement of the cutting or destruction of prohibited grasses, rank vegetation and noxious weeds, the city shall have a lien upon the property.
      (2)   Costs. The owners of property shall be liable for all costs incurred by the city in connection with cutting or destruction. The City Council will by resolution set the minimum cost for the cutting or destruction of the prohibited grasses, rank vegetation and noxious weeds. In addition, an administrative fee in the amount of 25% of the actual cost of the cutting or destruction will be included in the total cost.
      (3)   Municipal civil infraction citation. The enforcement officer may issue a civil infraction citation to a property owner or occupant for failure to adhere to the provisions of this subchapter, which may result in a citation for each offense as described in this section with the penalties set forth in § 93.999.
   (D)   Collection of costs. Collection of costs shall be accomplished as follows:
      (1)   Billing. For purposes of determining ownership of the property, it shall be presumed in evidence that the person to whom the property is assessed on the city’s most recent tax roll is the owner of the property. Billing of costs will be mailed to owners of the property by regular mail to the address shown on the city’s tax rolls. If the charges are not paid by the owner within 30 days from the date of billing, payment shall be deemed delinquent.
      (2)   Delinquent charges; tax lien. In the event of delinquent charges, the city shall have a lien upon the property for the charges and the lien shall be enforceable as a tax lien and collected as in the case of general property tax.
(Ord. 2008-5, passed 4-8-2008)