(A) Overgrown vegetation, rubbish and other unsanitary matter prohibited.
(1) Except as provided in subsection (4) of this division, it is an offense for any person owning, leasing, claiming, occupying, or having supervision or control of any real property within the city, to suffer, permit, or allow uncultivated grass, weeds, or brush, to grow to a height greater than ten inches, including along the sidewalk or street adjacent to the premises between the property line and the curb or, if there is no curb, between the property line and the driving surface.
(2) It shall be the duty of any person owning, leasing, claiming, occupying, or having supervision or control of any real property within the city to cut or cause to be cut, grass, weeds and brush, as often as necessary to comply with the requirements of this chapter.
(3) Except as provided in subsection (4) of this division, all grass, weeds, vegetation, or brush not regularly cultivated and which exceed ten inches in height shall be presumed to be objectionable, unsightly, and unsanitary, and are hereby declared a public nuisance.
(4) For tracts of land in excess of five acres, or that are used for the active production of livestock, it shall be required only that grass, weeds and vegetation, not regularly cultivated, be mowed to a height of no greater than ten inches within a minimum of 200 feet of all adjacent property lines and public or private streets. This minimum may be increased on a case by case basis when deemed necessary by the Fire Department to insure adequate fire safety of adjacent property containing structures or equipment.
(B) Notice of violation prior to abatement by city.
(1) Notice required. If the owner of land fails to comply with the requirements of division (A) of this section, a city official may cause the property owner to be notified to cut the grass, weeds, or brush within ten days of the date of the notice.
(2) Method of notice. The notice shall be given:
(a) Personally to the owner in writing;
(b) By letter addressed to the owner at the owner’s address as recorded in the appraisal district records of the Appraisal District in which the property is located;
(c) If personal service cannot be obtained:
1. By publication in the city’s official newspaper once;
2. By posting the notice on or near the front door of each building on the property to which the violation relates; or
3. By posting the notice on a placard attached to a stake driven into the ground on the property to which the violation relates.
(3) Unclaimed notice. If notice is mailed to a property owner in accordance with subsection (2) of this division, and the United States Postal Service returns the notice as “refused” or “unclaimed,” the validity of the notice is not affected, and the notice is considered delivered.
(4) Work to be performed. If the owner does not cut the weeds, grass, or plants, within ten days of the notice, the city may go on such property or authorize another to go on such property, and do or cause the work to be done and charge the expenses incurred to the owner of the property and assess the expenses against the real estate on which the work is done. The remedy provided in this section is in addition to any criminal penalties or other remedies authorized by this chapter or other law.
(5) Additional violations. Although it is not required, the city may:
(a) Inform the owner by regular or certified mail and a posting on the property that if the owner commits another violation of the same kind (failure to mow weeds or high grass) on or before the first anniversary of date of the notice, the city without further notice may correct the violation at the owner’s expense and assess the expenses against the property; and
(b) If a violation occurs within the one-year period, and the city has not been informed in writing by the owner of an ownership change, then the city, without notice, may take corrective action and assess the expenses against the owner and the property.
(6) Contents of notice. The notice shall contain:
(a) The name and address of the record owner;
(b) An identification, which is not required to be a legal description, of the property upon which the violation is located;
(c) A statement describing the violation and the work necessary to correct the violation;
(d) A statement advising the owner that if the work is not completed within ten days, the city will complete the work and charge the expenses to the owner; and
(e) A statement that if the city performs the work and the owner fails to pay the expenses, a priority lien may be placed on the property.
(C) Assessment of expenses; lien; appeal.
(1) Notice. In assessing the expenses incurred pursuant to division (B) of this section against the property on which the work is done or improvements made, the city shall send the owner of the property upon which the work was done a notice which shall include:
(a) Identification of the property;
(b) A description of the violation;
(c) A statement that the city abated the condition;
(d) A statement of the city’s expenses in abating the condition;
(e) An explanation of the property owner’s right to request a hearing within ten days of the date of the letter; and
(f) A statement that if the owner fails or refuses to pay the expenses within 30 days of the date of the notice, the Mayor or his designee shall place a lien against the property by filing with the County Clerk of the county in which the property is located a notice of lien and statement of expenses incurred.
(2) Method. The notice shall be sent in the same manner as provided in division (B)(2) of this section.
(3) Hearing. The City Manager or his designated representative will conduct a hearing if the property owner submits a written request within ten days of the date of the notice. At the hearing:
(a) The owner and the city may testify or present witnesses or written information related to the city’s abatement of the nuisance.
(b) The city has the burden to show that a violation of this chapter existed, notice was given in substantial compliance with this chapter, and expenses were incurred to abate the violation.
(c) At the close of the hearing, the City Manager or his representative may find, based upon a preponderance of the evidence, that the expenses are valid, or that they are erroneous or he may adjust them.
(4) Placement of lien. If no hearing is requested, or a hearing is held and the expenses are determined to be valid or are otherwise appropriately adjusted, and the owner fails or refuses to pay the expenses within 30 days after written notification to pay, the Mayor or his designated representative shall place a lien against the property by filing with the County Clerk of the county in which the property is located a notice of lien and statement of expenses incurred.
(5) Security. The lien is security for the expenses and interest accruing at the rate of 10% per annum from the date the work was performed or the expenses were incurred by the city.
(6) Filing. When the statement is filed, the city shall have a privileged lien on that property, second only to tax liens and liens for street improvements.
(7) Suit. The city may institute suit to recover the expenses, with interest, and may foreclose on the property. The original or a certified copy of the statement of expenses is prima facie proof of the expenses incurred by the city in doing the work or making the improvements.
(D) Additional authority to abate dangerous weeds without prior notice.
(1) Abatement. The city may abate, without prior notice, weeds that have grown higher than 48 inches, and are an immediate danger to the health, life, or safety of any person.
(2) Notice. Not later than the tenth day after the date the city abates weeds under this section, the city shall give notice to the property owner in the same manner provided in division (C)(1) of this section.
(3) Hearing. The City Manager or his designated representative shall conduct an administrative hearing under this section if, not later than the 30th day after the date of the abatement of the weeds, the property owner files with the city a written request for a hearing. The hearing shall be conducted by the City Manager or his designated representative not later than the 20th day after the date a request for hearing is filed. At the hearing:
(a) The owner and the city may testify or present witnesses or written information related to the city’s abatement of the nuisance.
(b) The city has the burden to show that a violation of this chapter existed, notice was given in substantial compliance with this section, and expenses incurred to abate the violation were reasonable.
(c) The City Manager or his designated representative may approve the expenses, deny the expenses, or adjust the amount of the expenses and approve them as adjusted.
(Ord. 144, passed 8-14-62; Ord. 699, passed 10-13-86; Ord. 905, passed 9-23-91; Ord. 1372, passed 10-8-01; Ord. OR-2059-17, passed 9-7-17) Penalty, see §