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Any owner, lessee or occupant or agent, servant, representative or employee of an owner, lessee or occupant having control of any lot within the city who shall allow or maintain on any such lot any growth of weeds or grass to a height of over ten inches shall be deemed maintaining a nuisance. This includes the area located between the property line and the middle of the alley adjacent to the property, and the area located between the property line and the curb, the area of any curbs or sidewalks located on the property, and the area located ten feet outside the property line where there is no curb. Sidewalks, curbs, and gutters shall be kept clear of any grass or weeds regardless of height, dirt, or debris.
(Ord. 548, 2016; Ord. 505, 2012; Ord. 342 (part), 1987: prior code § 4-5-25)
If the provisions of Section 8.16.130 are not complied with, the city manager or his or her authorized representative, shall notify the owner, lessee or occupant, or person having charge or control of any occupied or unoccupied lot or tract of land, of the non-compliance with the provisions of this chapter by the issuance of a ten-day written warning. In the event such owner, lessee or occupant, or any person having charge or control of such lot or tract of land, cannot be determined or the owner shall be a nonresident of the city, such notice may be served by posting a copy of the written notice upon the premises, with a copy mailed by certified letter to the last known address of the owner. A citation may be issued for violations remaining after the expiration of the warning of the period. In the event that weeds or grass exceed fifteen (15) inches in height, a citation of the violation may be immediately issued. The same owner, lessee or occupant, or any person having charge or control of a lot or tract of land that repeats the same violation may be immediately issued a citation for the non-compliance with the provisions of this chapter.
(Ord. 548, 2016; Ord. 505, 2012)
In those cases where the owner, lessee or occupant, or person having charge or control of any occupied or unoccupied lot or tract of land, is a nonresident of the city or cannot be determined, and compliance in its entirety with the provisions set forth in the notice has not occurred within ten days, the City Manager may cause such weeds or grass to be cut. Lots or tracts of land having been either tractor or manually push-mowed shall have all weeds or grass exceeding the applicable ordinance height shredded during the mowing process. Any weeds or grass that are not sufficiently shredded during the mowing process will be removed, preventing any harborage for insects and rodents and preventing any of the weeds or grass from becoming windblown or creating a fire or traffic hazard. If the owner, lessee or occupant, or a person having charge or control of any such lot or tract of land, is notified in writing as provided and fails to comply with the provisions of this chapter in its entirety with ten days, the City Manager may cause such weeds or grass to be cut and/or the cuttings or any accumulation of weeds or grass removed. In any event, should it appear to be a matter of public necessity for health or safety reasons, the City Manager may give notice that the weeds or grass must be cut or removed immediately, in which event, should there no noncompliance, the City Manager is authorized to cause such weeds or grass to be city and/or the cutting or any accumulation of weeds or grass removed immediately. The actual cost of the cutting or removal of weeds or grass, plus any other penalties or costs allowed by law in connection therewith, under any of the circumstances herein set out, shall be billed to the owner of record, who shall have fifteen days to submit payment in full. Failure to remit shall cause a lien to be placed upon the property from which such weeds or grass were removed in the manner prescribed by law. (Ord. 505, 2012)
The approved methods of controlling weeds shall be mowing, cutting, digging, chemical treatment or other methods designed to remove the weeds but not disturb other vegetation or unnecessarily disturb the soil. The scraping and tillage of lots and tracts of land is prohibited, unless permission of the City Manager is first obtained; except that scraping and tillage as part of normal construction activities or as ground preparation for agriculture or landscaping activities shall be allowed. The City Manager may allow scraping and tillage of lots or tracts of land when this will not detract or violate the clear intent and purpose of this chapter. (Ord. 505, 2012)
Article IV. Litter
No person shall throw or permit to remain or deposit litter, garbage, refuse, manure, wastewater, slops or other unsightly or unwholesome things in or upon any street, sidewalk, alley, parking lot or other public place within the city except in public receptacles, in authorized private receptacles for collection, or in official city dumps. (Ord. 342 (part), 1987: prior code § 4-5-6)
A. No person shall sweep into or deposit in any gutter, street or other public place within the city the accumulation of litter or accumulated dirt from any building or lot or from any public or private sidewalk or driveway.
B. Persons owning or occupying property shall keep the sidewalk in front of their premises free of litter and accumulated dirt.
C. No person owning or occupying a place of business shall sweep into or deposit in any gutter, street or other public place within the city the accumulation of litter from any building or lot or from any public or private sidewalk or driveway.
D. Persons owning or occupying places of business within the city shall keep the sidewalks in front of, or adjacent to, their premises, including public and private parking lots, free of litter. If the amount of litter in such areas amount to a nuisance due to odors or eyesore characteristics, the designated representative of the city manager shall notify the person in charge to provide adequate approved litter receptacles located so as to be convenient to the patrons of the place of business and/or to parking areas. The person in charge of the business shall be responsible for emptying the containers as often as is necessary to prevent their becoming a nuisance. (Ord. 342(part), 1987: prior code §§ 4-5-7, 4-5-8)
A. Shopping centers operated for public use shall contain receptacles to be located along pedestrian travel routes normally taken by persons using the facility. The number and placement of receptacles shall be determined by the operator or group responsible for the operation of the facility; except that no less than one receptacle shall be placed at each shopping center.
B. The following places shall also be required to have receptacles:
1. Parks;
2. Campgrounds;
3. Drive-in restaurants;
4. Quick service refreshment stands;
5. Construction sites;
6. Gasoline service stations;
7. Sidewalks in business districts;
8. Public buildings, including schools;
9. Sporting events, fairgrounds, carnivals and other similar events where the public is invited. (Ord. 342 (part), 1987: prior code § 4-5-9)
A. No person shall throw or deposit litter in any fountain, pond, lake, stream, or any other body of water in a park or elsewhere within the city.
B. No person shall throw or deposit litter in any park within the city except in public receptacles and in such a manner that the litter will be prevented from being carried or deposited by the elements upon any part of the park or upon any street or other public place. Where public receptacles are not provided, all such litter shall be carried away from the park by the person responsible for its presence and properly disposed of elsewhere as provided in this chapter.
C. No person shall throw or deposit litter on any open or vacant private property within the city whether owned by such person or not. (Ord. 342 (part), 1987: prior code §§ 4-5-12, 4-5-13, 4-5-22)
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