§ 97.04 NOTICE AND REMOVAL.
   (A)   The city shall serve a weed and trimming notice either personally or by regular mail to the occupant of the premises and to the name and address of the tax bill owner listed on the County Assessor’s records. A notice shall be deemed to have commenced to run from the date such notice is mailed. A notice shall be deemed sufficient although the person to which it is directed refused delivery of the same or if it is not deliverable. The text of the notice shall contain the date, a reference to the provision of this chapter violated and a brief description of the violation, the address or description of the property sufficient for the identification thereof, and a statement that if the weeds are not abated within five days the city will provide for the abatement of the weeds and the cost or expenses related to such abatement, lien filing and foreclosure of lien shall be charged to the person.
   (B)   Only one weed and trimming notice shall be required to be sent per property during any one calendar year. In the event subsequent violations are observed during the same calendar year, the city may proceed as set forth in division (B)(1) below, without further notice.
      (1)   Abatement by city. Upon refusal or neglect to comply with the weed and trimming notice within five days of its mailing and delivery, the city shall have the power to enter upon the premises, or to authorize its agent to do so, and abate said weeds. The city may grant a one-time five-day extension per calendar year to the compliance deadline established in the weed and trimming notice if requested by the responsible party.
      (2)   Statement of cost. The actual costs of abatement of weeds, eradication of noxious and exotic weeds, costs of processing the bill, mailing or serving documents, recording documents and any other incidental expenses shall be billed to the occupant of the premises and to the tax bill owner listed on the City Assessor’s records. A statement for said costs shall be served either personally or by regular mail and must include:
         (a)   A reference to the ordinance violated;
         (b)   Identify the property where the violation occurred sufficient for identification thereof and general location of the weeds that were cut;
         (c)   The amount of money representing the cost and expense incurred or payable for the service;
         (d)   The date or dates when the cost or expenses were incurred by the city or one acting under its direction or control; and
         (e)   An explanation that if the bill is not paid in full within 15 days, a late fee will be added to the bill and the city will prepare and file a lien.
   (C)   The occupant of the subject property as well as the property owner may be served with the notice of abatement. If the violation results in a fine, both the occupant and the property owner may be fined.
(Ord. 1346, passed 11-21-06; Am. Ord. 1442, passed 9-20-11)