A. Abatement Procedure: The city clerk, upon verifying the report of accumulation of grass, weeds and/or trash, shall forward the report to the city council. The city council may cause property within the city to be cleaned of trash, weeds and grass to be cut or mowed in accordance with the following procedure:
1. Notice Requirements: The city clerk shall give at least ten (10) days' notice to the owner of the property by mail at the address shown by the current year's tax rolls in the county treasurer's office before the city council holds a hearing or takes action. The notice shall contain the provisions of this section and that the premises in question is in violation of section 4-3-2 of this chapter. Notice shall order the property owner to clean the property of trash, or to cut or mow the weeds or grass on the property, as appropriate, and said notice shall further state that unless such work is performed within ten (10) days of the date of the notice, the work shall be done by the city and a notice of lien shall be filed with the county clerk against the property for the costs due and owing the city. Notice shall be mailed certified, return receipt requested, stating date delivery was made, and the name and address of the mailee. If the property owner cannot be located within ten (10) days from the date of mailing, notice may also be given by posting a copy of the notice on the property or by publication in a legal newspaper serving the area, one time not less than ten (10) days prior to any hearing or action by the city. If the city council anticipates summary abatement of a nuisance in accordance with the provisions of subsection B of this section, the notice, whether by certified mail, posting or publication, shall state that any accumulations of trash or weeds or grass growth on the owner's property occurring within six (6) months after the removal of trash or cutting or mowing of weeds or grass on the property pursuant to such notice may be summarily abated by the city council; that the costs of such abatement shall be assessed against the owner; and that a lien may be imposed on the property to secure such payment, all without further prior notice to the property owner.
2. Owner Consent For City Removal: The owner of the property may give his written consent to the city authorizing the removal of the trash or the mowing of the weeds or grass. By giving said written consent, the owner waives his right to a hearing by the city.
3. Hearing: A hearing will be held by the city council to determine whether the accumulation of trash or the growth of weeds or grass has caused the property to become detrimental to the health, benefit and welfare of the public and the community or a hazard to traffic or creates a fire hazard to the danger of property.
B. Summary Abatement: If the city council causes property within the city limits to be cleaned of trash and weeds or grass to be cut or mowed in accordance with the procedures provided for in subsection A of this section, any subsequent accumulations of trash or excessive weed or grass growth on the property occurring within a six (6) month period may be declared to be a nuisance and may be summarily abated without further prior notice to the property owner. At the time of each such summary abatement, the city shall notify the property owner of the abatement and the costs thereof. The notice shall state that the property owner may request a hearing within ten (10) days after the date of mailing the notice. The notice and hearing shall be as provided for in subsection A of this section. Unless otherwise determined at the hearing, the cost of such abatement shall be determined and collected as provided for in sections 4-3-6 and 4-3-7 of this chapter; provided, that these sections shall not apply if the records of the county clerk show that the property was transferred after notice was given pursuant to subsection A of this section. (Ord. 1991-05, 5-9-1991)