§ 94.06  ABATEMENT BY CITY.
   (A)   If, within the ten days allowed by § 94.05 for abating a nuisance as defined in § 94.01, the nuisance has not been privately abated, the City Council or its designee may cause it to be abated.
   (B)   (1)   The city may authorize or retain a person or entity to abate the nuisance. Such person or entity may enter upon the property at reasonable times for the purpose of investigating and abating the nuisance, specifically to destroy the noxious vegetation and seeds. The person authorized to abate the nuisance shall enter upon the property only upon obtaining written consent of the owner, occupant, or person in charge, or upon issuance of citation by a certified police officer and guilty conviction in the municipal court.
      (2)   However, noxious vegetation in the public right-of-way, on a public walk or pathway, or extending across a property line may be destroyed without consent or without a warrant and the costs assessed against the person in charge.
   (C)   The City Recorder shall keep an accurate record of the expense incurred by the city in abating the noxious vegetation and shall include therein a reasonable charge for administrative overhead.
   (D)   Whenever the city abates noxious vegetation, in addition to any penalties imposed and in addition to the costs specified in division (C) above, there is hereby imposed on each owner, occupant, or person in charge or on the property a penalty of $50 or 10% of the abatement costs, whichever is greater. The City Recorder shall add the penalty to the amount to be collected as provided in § 94.07. The City Recorder shall waive the penalty if the abatement costs are paid within the time specified in § 94.07.
(Ord. 16-01, passed 5-23-2016)