(a) Definitions. For purposes of this section, the term “weeds” means grasses, ragweeds, daisies, goldenrod, burdock, yellow dock, dandelions, thistles, wild carrot, annual plants and vegetation, other than trees, shrubs and cultivated flowers and gardens.
(b) Removal of Grass and/or Weeds. The owner or occupant of any premises shall maintain such premises and exterior property free from grass and/or weeds in excess of six (6) inches in height.
(c) Right of Entry; Appropriate Law Enforcement Officer. The appropriate law enforcement officer is authorized to enter a structure or premises at reasonable times to inspect the same. Prior to entering into a space not otherwise open to the general public, the appropriate law enforcement officer shall make a reasonable effort to locate the owner or other person having charge or control of the structure or premises, present proper identification and request entry. If requested entry is refused or otherwise not obtained, the law enforcement officer shall have recourse as provided by law.
(d) Service.
(1) Upon information that grass or weeds in excess of the maximum allowable height are growing on land within the City, the City Police Department or the Safety Director shall cause a written notice to be served. Such notice may be served by one of the following methods:
(A) Delivery of personal service upon the person to whom the notice is directed or such person’s agent; or
(B) Sent by regular U.S. Mail evidenced by a U.S. Postal Certificate of Mailing addressed to such person at the last known address which is reasonably calculated to reach the party named in the notice.
(2) If the notice is returned showing that the letter was not delivered because the addressee no longer lives there, is unknown, or because a wrong address was used and no other address is known, then a copy of said notice shall be posted in a conspicuous place in or about the structure affected by such notice, and the notice shall be published at least once in a newspaper of general circulation in the City.
(3) Contents of notice. The notice provided for in division (d)(1) and (d)(2) of this section shall identify and give the location of the property and state the grass or weeds in excess of the maximum allowable height, are growing on such land and that they must be cut and destroyed within five days after service of such notice.
(4) Only one notice required per calendar year. Only one notice per calendar year shall be required for a lot or parcel. If a notice has been served in accordance with this division based upon a prior violation under this section during the existing calendar year and the Safety Director or appropriate law enforcement officer determines that a subsequent violation has occurred, the City may proceed with the remedies set forth in divisions (e) through (g) of this section without further notice.
(e) Failure to Comply After Notice. If the person to whom the notice referred to in subsection (d) hereof is directed fails to comply with the terms of such notice or a notice referred to in subsection (d) hereof has been previously provided during the present calendar year on said lot or parcel, the Safety Director shall cause such grass or weeds in excess of the maximum allowable height, to be cut and destroyed and may employ the necessary labor to perform such task. All expenses shall be paid out of funds appropriated by Council upon vouchers approved by the Mayor. The expenses shall consist of the following:
(1) All direct costs for the cutting and/or destruction of the grass or weeds;
(2) The costs for preparing and serving all notices; and
(3) An administrative fee equal to the following:
(A) The sum of one hundred fifty dollars ($150.00) for (i) residential properties consisting of one, two or three residences under a common roof or (ii) for unimproved lots located in either the R-1 One and Two-Family Residential District as defined in Chapter 1250 hereof or R-2 Multifamily District as defined in Chapter 1252.
(B) The sum of three hundred dollars ($300.00) for all other properties not included in Section 660.08(e)(3)(A) above. This includes, but is not limited to business and industrial establishments, schools, churches, public, private and charitable institutions, dwelling places with more than three dwelling units, and unimproved lots located in any zoning district other than the R-1 One and Two-Family Residential District as defined in Chapter 1250 hereof or R-2 Multifamily District as defined in Chapter 1252.
(f) Procedures for Collection. In the event that the owner or other person in charge or control of such property fails to pay such expenses within 30 days after being notified pursuant to subsection (d) hereof of the amount by the Safety Service Director, the expenses set forth in subjection (e) hereof may be collected using one or more of the following methods, provided, however, that the expenses may only be collected once:
(1) Such expenses may be certified by Council to the County Auditor and placed upon the tax duplicate for collection as a special assessment and thereupon shall be collected as other taxes and assessments and, once so collected, shall be appropriated in the General Fund in Nuisance Abatement.
(2) The Director of Law is authorized to bring suit and take other necessary legal action to collect all such expenses.
(g) Prosecution Despite Cutting. The cutting and destroying of grass or weeds in excess of the maximum allowable height, by the owner, occupant or other person having charge of the land in question, pursuant to the requirements of the notice provided in subsection (d) of this section, shall not constitute a bar to prosecution. In addition to any other remedy provided by this section, failure to comply with the notice provided in subsection (d) of this section by any owner, occupant, or person in charge shall be a minor misdemeanor and a separate offense shall be deemed committed each day during or on which a violation or non-compliance occurs or continues.
(Ord. 99-008. Passed 4-12-99; Ord. 06-010. Passed 4-10-06; Ord. 07-017. Passed 6-11-07; Ord. 13-012. Passed 6-24-13; Ord. 17-027. Passed 7-24-17; Ord. 21-016. Passed 7-26-21; Ord. 22- 009. Passed 5-23-22.)