(a) Noxious or Harmful Plants, Weeds, Vines and Grass Defined. As used in this section, “noxious or harmful plants, weeds, vines and grass” means plants, weeds, vines and grass that have attained a height of over eight inches, are uncultivated and/or constitute a blighting or deteriorating effect on structures and properties and likely to harbor rodents.
(b) Removal of Noxious, Harmful Plants, Weeds, Vines and Grass by Owner.
(1) The owner of any lot or parcel of land situated within the City, whether the same is improved or unimproved, vacant or occupied, within five days of receipt of written notice to do so, shall cut any noxious, harmful plants, weeds, vines or grass on such lot or parcel or upon any street, public right-of-way or tree lawn abutting such lot or parcel. Written notice may be served by mail or by posting upon premises.
(2) Notice issued under this section shall be effective for the remainder of the growing season in which they are issued. Remedy procedures may be taken per division (c) of this section without issuing any additional notices.
(3) The City Manager may exempt lots or parcels of land of five acres or more in size either in whole or in part from the requirements of division (b)(1) of this section.
(c) Remedy of City for Noncompliance with Notice; Costs. Five days after the date of service of the written notice or the publication thereof, the City Manager or his or her designate may cause to be cut and removed the noxious, harmful plants, weeds or grasses if the owner, lessee, agent or tenant has not complied with such notice. If such cutting is done by the City because of noncompliance with the notice, or for any other proper reason, all cost of such cutting and removal, as well as all administrative costs as determined and regulated by the City Manager, shall be borne by the owner of the lot or land and shall be assessed against the lot or land.
(d) Notice of Assessment; Certification. Whenever possible, a notice of the assessment shall be given to the owner of the lot or land charged therewith or his or her agent, either in person or left at the usual place of residence or sent by mail. All assessments not paid within ten days after the giving of such notice shall be certified by the Clerk of Council to the County Auditor to be placed on the tax duplicate and collected as other taxes are collected. The remedy provided in this division and in division (c) of this section shall be in addition to the penalty provided in division (e) of this section.
(e) Penalty. Any owner, lessee, agent or tenant, having the care of any lot or land, who fails to comply with the notice referred to in division (b) of this section within five days after the date of service or publication thereof is guilty of a minor misdemeanor. A separate offense shall be deemed committed each day during or on which such noncompliance occurs or continues.
(Ord. 5712. Passed 6-17-03; Ord. 6391. Passed 4-2-13.)