(A) The following conditions are subject to the requirements of divisions (B) and (C) of this section.
(1) Trees, shrubs, bushes, weeds, or other plant growths obstructing a sidewalk, walkway, driveway, street, or other public way.
(2) Weeds, grasses, or other plant growth which endanger public property or the health or safety of the public; interfere with or obstruct or render dangerous any public way including but not limited to:
(a) Ragweed.
(b) Poison ivy.
(c) Poison sumac.
(d) Poison oak.
(e) Canada thistle.
(3) Cutting of Weeds and Grass. It shall be unlawful for any land owner, occupant or person in possession of any lot or parcel along any improved street, public right-of-way, or adjacent to any public or private improved property, to fail to cut all grass, weeds, brush or undergrowth to a depth of 200 feet or the depth of the parcel, whichever is less, to a height of 8 inches on said lot or parcel, after having received a written notice from the city, delivered personally or by U.S. Mail, giving 10 days from the date of the notice to mow said lot or parcel. If the person who receives such notice fails to cut the grass or weeds within the 10-day period, the city may authorize a city employee or contractor to enter upon the property and to do the necessary cutting. All expenses incurred in connection with such work shall be paid by the owner of the property.
(4) Dead trees which endanger public property or the health or safety of the public.
(5) (a) The outside storage or accumulation of junk trash, rubbish, or refuse of any kind, age, or dilapidation, or any other condition or happening to any lot, building, or structure thus becoming a public hazard or nuisance or other blighted condition. The term
JUNK shall include parts of machinery or motor vehicles, unused stoves, or other appliances stored in the open, containers, tin cans, metal remnants, castoff materials, discarded building materials, whether or not the same could be put to any reasonable use. The term GARBAGE or REFUSE shall include food waste matter and discarded food containers as well as other household refuse. The existence of any vacant building, including, but not limited to, garages or other outbuildings unless such buildings are kept securely locked, window kept glazed or neatly boarded up, and otherwise protected to prevent entrance thereto by vandals shall be deemed a nuisance.
(b) The existence of any incomplete structure unless such structure is in the course of construction in accordance with a valid and subsisting building permit issued by the city and unless such construction is completed within a reasonable time.
(c) The outside storage upon any residential property of building materials unless there is in force a valid building permit issued by the city for construction upon said property and the building materials are intended for use in connection with the construction. Buildings materials shall include but shall not be limited to lumber, bricks, concrete or cinder blocks, plumbing materials, electrical wiring or equipment, shingles, mortar, concrete or cement, nails, screws, or any other materials used in constructing any structure.
(d) The outside storage, including storage on open porches, of any appliances. Appliances include but are not limited to stoves, refrigerators, freezers, soft drink machines and other appliances. This subsection shall not apply to operable vending machines located in a commercial zoning district.
(6) The roots of trees which are causing damage to any public sewer, sidewalk, pavement, or other public property, nor shall any person set out or plant any tree in the public street or any portion thereof, including the “tree lawn” without a permit from the City Manager.
(B) Exceptions. A property owner shall maintain all property occupied or vacant, improved or unimproved, free of the nuisance described in divisions (A) through (C) of this section, except that grass, weeds, brush and undergrowth higher than 12 inches are permitted in the following locations:
(1) On portions of undeveloped property behind a wooded tree line.
(2) On nature trails or natural areas operated by governmental or non-profit corporations for the benefit of the public.
(C) Responsibility. A property owner shall also be responsible for maintaining, free of the nuisances described in this section, all public ways abutting his own property as follows:
(1) The city right-of-way on either side of a public street including, but not limited to, any sidewalk, walkway, or driveway located therein.
(2) Public or utility easements to the centerline.
(3) Alleys to the centerline.
(Ord. 8.2A1, passed 7-21-92; Am. Ord. passed 5-5-93; Am. Ord. passed 8-19-97; Am. Ord. passed 4- 18-00; Am. Ord. passed 10-1-02; Am. Ord. passed 7-3-07) Penalty, see § 95.99
Cross-reference:
Code enforcement of blight conditions, see § 33.03
Hazard and nuisance lots, buildings and the like, see § 93.01
Unsafe buildings, see §§ 150.65 et seq.