(a) Definitions. Weeds and nuisance vegetation under this section shall include the following which may occur on any lot within the corporate limits of the city:
(1) Weeds or tall grass exceeding an average of 12 inches in height, or vegetation providing safe harborage for rats, mice, snakes and other vermin;
(2) Vegetation which obstructs the safe view of traffic at an intersection or driveway;
(3) Vegetation which creates a nuisance by its existence (i.e. poison ivy, kudzu); and
(4) Dead or dying trees or plants which may cause a hazardous situation if they fall.
(b) Weeds or vegetative nuisance unlawful. It shall be unlawful for property owners to permit a weed or vegetative nuisance condition to exist on their property.
(c) Enforcement.
(1) The City Manager, or his or her assigns upon notice from any person of the possible existence of any of the conditions described in subsection (a) above shall cause an investigation to be made to determine whether conditions exist which may constitute a public nuisance described in subsection (b) above.
(2) If it appears that such condition exist, the City Manager or his or her assign, shall cause to be delivered or mailed to the owner of the property upon which the conditions exist a notice stating the reasons why the conditions may constitute a violation and that a hearing will be held before the City Manager or his or her assign, at a place therein fixed, not less than ten nor more than 30 days after the delivery or mailing of the notice. The owner or any party in interest shall have the right to file an answer to the notice and to appear in person, or otherwise, and give evidence at the place and time fixed in the notice. Any person desiring to do so may attend such hearing and give evidence prevailing in sorts of law or equity shall not be controlling in such hearings.
(3) If a determination is made that such conditions constituting a public nuisance exist, the City Manager shall notify, in writing, the owner of the premises in question of the conditions constituting such public nuisance and shall order the prompt abatement thereof within 15 days from the receipt of such written notice.
(d) Abatement by city. If the owner, having been notified to abate such a public nuisance, fails, neglects, or refuses to abate or remove the condition constituting the nuisance within 15 days from receipt of such order, the City Manager shall cause the condition to be removed or otherwise remedied by having employees of the city to go upon such premises and remove or otherwise abate such nuisance under the supervision of an officer or employee designated by the City Manager. Any person who has been ordered to abate a public nuisance may within the time allowed by this section request the city in writing to remove such condition, the cost of which shall be paid by the person making such request.
(e) Trimming plants at intersections. The owner or occupant of any lot or lands lying and abutting on any intersection of two streets or any combination thereof in the city and having shrubs or bushes on such lot or lands, shall trim or cause to be trimmed all shrubs and bushes located within 20 feet of the intersection of the property lines nearest to the street intersection and abutting the sidewalk or the normal sidewalk location, so that no bush or shrub shall exceed three feet in height above the surface of either the sidewalk or the normal sidewalk location.
(f) Destruction of trees or bushes. No person, except by direction or authority of the Director of Public Works, shall box, bore, cut, break down, deface, injure or destroy any trees, shrubs or bushes on any street or right-of-way.
(g) Trimming plants extending over streets. The owner or occupant of any lot or lands lying and abutting on any street in the city and having trees, shrubs or bushes on his or her lot or lands extending over the property line onto such street shall trim or cause to be trimmed such trees to the clear height of not less than nine feet above the surface of the sidewalk or street.
(h) Removal of unsafe trees by owner. The Director of Public Works shall have the authority, and it shall be his or her duty to order trimming, preservation or removal of trees or plants upon private property when he or she finds such an act necessary to public safety or to prevent the spread of disease or insects in public trees or places. The owner shall not fail to trim, remove or take steps to preserve such tree within 30 days of the order to trim, remove or preserve the tree.
(i) Assessment of costs by city. Whenever any tree, plant or shrubbery, or part thereof, or weeds and grass are growing in any street, public place or upon private property contiguous to a street or sidewalk or public place and such is trimmed or removed by the city, then after the work is done, the City Clerk shall give notice, by regular mail, to the owner of such lot or parcel of land at his or her last known address or best obtainable address, to pay the cost of such trimming or removal of trees, plants, shrubbery, grass or weeds, or parts thereof. Such notice shall be accompanied by a statement of the amount of cost incurred, and in the event the same is not paid within days 30 days after the mailing of such notice, then the amount shall be certified to the City Attorney for collection the same as other taxes and assessments are collected.
(j) Penalty. Whoever violates any provision of this section is guilty of a misdemeanor and upon conviction of such misdemeanor, is punishable by a fine not to exceed $50 or the city may carry out the provisions of subsection (d) above. Each day a violation continues shall constitute a separate offense.
(Ord. passed 8-23-1989; Ord. passed 8-8-2017)