(a) Definition. For purpose of this section, the term "weeds and rank vegetation means. dense, uncultivated, herbaceous overgrowth over one (1) foot in height, or briars and trailing vines exceeding ten (10) feet in length.
(b) Declaration of nuisance. Weeds and other rank vegetation allowed to grow to a height of one (1) feet and stand upon any lot or parcel of land in a developed residential area or commercial area within the county may be deemed and declared a nuisance in the judgment of the sheriff. For the purpose of this action, "residential area" is defined as property zoned
for a residential use, platted for residential use with a plat having been begun, installation of utilities having been begun and construction of residential units being commenced. "Commercial area" shall be defined as it is in section 26-21 of this code.
(c) Duty of owner, etc., to cut. It shall be the duty of any owner, lessee, occupant, agent, or representative of the owner of any lot or parcel of land in a developed residential area or commercial area within the county to cut, or cause to be cut, all weeds and other rank vegetation, as described in this section, as often as may be necessary to prevent the growth of such weeds and other rank vegetation. However, lots of one acre or more are not required to be cut back more than fifty (50) feet from the road and each side property line.
(d) Notice to owner, etc., to cut. Whenever the sheriff shall find that weeds or other rank vegetation has been allowed to stand upon any lot or parcel of land in a developed residential area or commercial area within the county in such a manner as to constitute a nuisance, s/he may serve written notice upon the owner, or the occupant of the premises, or upon the agent or representative of the owner of such land having control thereof to comply with the provisions of this section. It shall be sufficient notification to deliver the notice to the person to whom it is addressed or to deposit a copy of such in the United States mail, properly stamped, certified return receipt or registered mail, and directed to the person to whom the notice is addressed, or to post a copy of the notice upon such premises. In the event that an offender has been previously cited within the last twelve (12) months for or given notice of a violation of this section and has not cured the violation, enforcement action may be taken immediately without the requirement of an opportunity to cure the violation.
(e) Failure to comply with notice. If the person to whom the notice is directed, under the provisions of the preceding subsection, fails or neglects to cause such weeds or other rank vegetation to be cut and removed from any such premises within fourteen (14) calendar days after such notice has been served or deposited in the United States mail, or posted upon premises, such person shall be deemed guilty of a misdemeanor and subject to the penalty provisions of section 1-8 of this code.
(f) Removal by county. In the event any property is determined to be a nuisance, and fourteen (14) calendar days has elapsed after such notice has been served, deposited in the United States Mail, or posted upon the premises, then the department of special services or its duly authorized agent or representative may enter upon any such lands and abate such nuisance by cutting and removing such weeds or other rank vegetation, and the cost of doing so may become a lien upon the property affected, or may be recovered by the county through judgment proceedings initiated in a court of competent jurisdiction.
(g) Work may be done by county upon request. Upon the written request by the owner or the person in control of any lot or parcel of land covered by this section, and the payment to the county for the services, the department of special services may enter upon any such lands and cut and remove the weeds or other rank vegetation therefrom, the charge and cost of such service to be paid into the county treasury.
(Ord. No. 1130-84, §§ 1-7, 3-6-84; Ord. No. 1611-87, §§ 1- 5, 5-5-87; Ord. No. 1843-89, §§ I-III, 3-7-89; Ord. No. 2086-91, §§ I, II, 4-16-91; Ord. No. 051-02HR, § III, 9-17-02; Ord. No. 010-10HR, § I, 2-16-10; Ord. No. 002-16HR, § I, 2-19-16; Ord. No. 002-19HR, § I, 2-5-19)
Editor's note--Ord. No. 2154-91, § I, adopted Nov. 19, 1991, repealed in its entirety former section 18-4, which restricted smoking in public places and derived from Ord. No. 1568-86, § 1, adopted Jan. 31, 1987.