678.01   NOXIOUS WEEDS.
   (a)   Weeds, Grass and Other Vegetation. No person owning any lot or premises in the developed residential or commercial area of the City, as determined by the Superintendent of Public Works, shall permit noxious weeds to grow thereon or, in any street adjacent to such lot or premises, between the property line and the curb line. No person shall allow any grass, weeds, or vegetation to encroach on any sidewalk which would reduce exposed sidewalk to less than 42 inches in width. Further, no person owning any such lot or premises shall permit or maintain thereon any growth of grass or other vegetation to a height greater than six inches on the average, nor shall such person permit or maintain any accumulation of dead weeds, grass, brush, or other plant material.
   (b)   Duty of Occupant or Owner. It shall be the duty of the occupant of every premises and the owner of unoccupied premises within the City to cut and remove or destroy by lawful means all such noxious weeds and grass, as often as may be necessary to comply with the provisions of subsection (a) hereof.
(Ord. 240. Passed 9-19-95; Ord. 333. Passed 7-20-17; Ord. 368. Passed 12-15-22.)
   (c)   Failure to Comply; Remedy of City. If the provisions of subsections (a) and (b) hereof are not complied with, the Superintendent of Public Works shall notify the occupant, or the owner of unoccupied premises, to comply with the provisions of said subsections within a time to be specified in said notice, which notice shall be given in accordance with Section 202.04 of the Administration Code. Said notice shall require compliance with the provisions of this section within five days after service of such notice, and if such notice is not complied with within the time allowed, the Superintendent shall cause such weeds, grass and other vegetation to be removed or destroyed, and the actual cost of such cutting, removal or destruction, including supervision and overhead costs, plus ten percent, shall be a lien against the premises and shall be immediately placed on the utility billing in regard to said property, and if said billing remains unpaid, shall be collected in accordance with the regular procedures utilized by the City for collection of delinquent utility billings. In the event that the subject property does not have an existing utility account at the time of such removal, one shall be established in regard to said property.
(Ord. 242. Passed 8-20-96; Ord. 297. Passed 1-16-07.)
   (d)   Exemptions. Exempted from the provisions of this section are flower gardens, plots of shrubbery, vegetable gardens and small grain plots. An exemption under the terms of this subsection cannot be claimed unless the land has been cultivated and cared for in a manner appropriate to such exempt categories.
(Ord. 240. Passed 9-19-95.)