(a) It shall be the duty of the owner and/or occupant of any lot or parcel of land situated in the corporate limits, whether the same is improved or unimproved, vacant or occupied, to cut or destroy or cause to be cut, removed or destroyed any grass and weed growing upon any such lot or parcel of land, and the owner and/or occupant shall not permit and shall prevent the same from blooming or going to seed or exceeding a height of six (6) inches. This is to include any weeds or grasses that are growing upon private property contiguous to a street, sidewalk or public place. (Ord. 93-2021. Passed 10-12-21.)
(b) It shall be the duty of the owner and/or occupant of any lot or parcel of land situated in the corporate limits, whether the same is improved or unimproved, vacant or occupied, to trim and maintain all vegetation thereon, and the owner and/or occupant shall not permit and shall prevent any such vegetation or part thereof to grow in an unsightly or untrimmed condition.
(c) The existence of any grass and weed blooming or going to seed or exceeding a height of six inches growing upon any lot or parcel of land situated in the corporate limits, whether the same is improved or unimproved, vacant or occupied, is hereby declared to be a public nuisance.
(d) The existence of any vegetation growing in an unsightly or untrimmed condition upon any lot or parcel of land situated in the corporate limits, whether the same is improved or unimproved, vacant or occupied, is hereby declared to be a public nuisance.
(e) In the event the owner and/or occupant of any lot or parcel of land situated in the corporate limits, whether the same is improved or unimproved, vacant or occupied, shall fail to comply with the duties set forth in subsections (a) and/or (b), the City may serve upon such owner and/or occupant a notice that such grass, weed, or vegetation is declared a nuisance and must be cut, trimmed, removed or destroyed within five days after the service of such notice, or the City will take action to abate the nuisance and charge the costs for same and an administrative fee to the responsible person(s). Said notice shall be afforded as a courtesy to the owner and/or occupant once each year, and it shall not be necessary for the City to serve more than one such notice each calendar year.
(f) In the event said owner and/or occupant shall fail to comply with its duties under subsections (a) and/or (b) and fail to the comply with the notice and abate the nuisance within five (5) days after service of the written notice from the City Building Commissioner, then the City Service Director may cause its abatement, and is hereby authorized to take whatever action is necessary to have cut all grass and remove or destroy all weed growing upon such premises and to trim or remove such vegetation or part thereof. The City Service Director is hereby authorized to contract with others for such purpose or may, in the exercise of his discretion, utilize labor and materials provided by the Service Department or other departments of the City, and may charge the costs for either method thereof and administrative fee to the person(s) to whom the notice is directed as set forth herein
(g) In the event the City Building Commissioner, Service Director, or his designee/ causes the conditions to be remedied and abated the City Service Director shall notify the owner and/or occupant of the cost of such cutting and/or trimming service and administrative fee for same. In the event the same is not paid within thirty days after the serving of such notice, then such amount shall be certified to the County Auditor for collection the same as other taxes and assessments are collected. The levying of such assessment shall not affect the liability of the person to whom the order is directed to fine and imprisonment as herein provided.
(h) The City Building Commissioner, Service Director or his designee(s) shall have the authority to enter upon private premises at all reasonable times for the purpose of examining any grass, weed or vegetation located upon or over such premises and for carrying out any of the provisions of this section. The person(s) remedying a condition under a contract made hereunder shall be authorized to enter premises for that purpose.
(i) No person shall prevent, delay or interfere with the City Building Commissioner, Service Director or his designee(s) or such persons remedying a condition under a contract, while they are engaged in carrying out any work, service or activities authorized by this section.
(Ord. 30-2020. Passed 5-12-20.)