§ 678.03  NOTICE TO OWNER.
   (a)   Notwithstanding the penalty provided in § 678.99 for violation of § 678.02 of this chapter, and in addition thereto, when the City ascertains that noxious weeds are growing on any lot or land within the City, notice shall be given to the owner of such lot or land that noxious weeds are growing thereon and must be destroyed by any of the methods set forth in § 678.02, and that such destruction must be completed within five days after the service of such notice. Service may be by personal service or mailing such notices to the owner of such lots or lands as listed in the County Auditor’s tax list at the mailing address as shown on such tax lists. The date of mailing shall constitute the date of service for purposes of the time requirements in this section. If no mailing address is shown on the County Auditor’s records, it shall be sufficient to provide such notice by posting said notice in a conspicuous place on the premises.
   (b)   Return of service shall be made by affidavit of the person serving, mailing or posting such notice, and when notice is given by mail, such affidavit shall identify the property by County Auditor’s book, page and parcel number and shall show the name and address of the person to whom the notice was mailed and the date of mailing.
   (c)   (1)   When, based on the specific observations of the enforcement official, the City determines that the property is unoccupied, the enforcement official may include the notice provided pursuant to § 678.03(a) a statement that the City believes the existence of the nuisance is likely to reoccur after it has been abated, that any further nuisance will be abated without additional notice in accordance with § 678.04, and that such continued abatement will continue until the City has evidence that the property is no longer unoccupied.
      (2)   For purposes of this section, the existence of either of the following conditions shall constitute prima facie evidence that the property is unoccupied:
         A.   Grass which is 24 inches or higher; or
         B.   Noxious weeds on the property have been abated by the City previously within a three month period.
(Ord. 2001-30, passed 3-20-2001; Am. Ord. 2002-85, passed 7-2-2002)