(A) (1) This section applies to the following:
(a) Lots in a platted subdivision with a structure;
(b) Vacant lots within plated residential subdivisions in which buildings have been erected upon 60% or more of the lots; or
(c) On parcels of land along improved streets in common usage within the city, to a depth of 300 feet or the depth of the ownership, whichever is the lesser.
(2) This section does not apply to:
(a) Land used for agricultural purposes including weeds in fields devoted to growing any small grain crops such as wheat, oats, barley, or rye;
(b) Portions of lots used for flower gardens, shrubbery or vegetable gardens;
(c) Naturally wooded areas, regulated wetlands or meadows.
(B) The owner and/or occupants of land to which this ordinance applies shall not allow tall grass or weeds to grow over eight inches in height throughout the growing season, including grass and weeds in the right-of-way, and it shall be the duty of all owners and/or occupants of land located within the city either to cut or otherwise destroy by lawful means all tall grass and weeds which are growing upon said property, before they reach a seed-bearing stage, and to prevent said weeds from perpetuating themselves and from becoming a detriment to public health.
(C) (1) The owner and/or occupants of land to which this ordinance applies shall not permit the outdoor storage of any unlicensed, uninsured motor vehicle, or inoperable motor vehicle or trailer upon their property on any property in a residentially zone area. Outdoor storage shall include any ability for observance by sight of the unlicensed or inoperable motor vehicle or trailer. For this division, residentially zone area shall be defined as real property zoned by city ordinance: R-1, R-2, R-3 or R-4.
(2) It shall be unlawful to have a collection that is unfit for further use, automobile parts, scrap metal except on premises whose zoning allows such use or upon owned by a governmental agency.
(D) Unlawful acts. It shall be unlawful for the owner and/or occupant of any lot or parcel of land to which this section applies to allow or maintain upon any portion of such lot or parcel any growth of tall grass or weeds as defined herein, or to permit the deposit or accumulation upon any portion of such lot or parcel of land, of any brush, yard debris, dead vegetation or cut grass or weeds so as to create a nuisance due to unsightliness, an unhealthy or unsafe condition, traffic hazard or fire hazard. Growth of grass to a length greater than eight inches shall be considered to be a nuisance for the purposes of this section. The owner and/or occupants of land to which this section applies shall not permit the outdoor storage of any unlicensed or inoperable motor vehicle or trailer upon his, her or their property.
(E) Abatement. In addition to any criminal penalty provided by ordinance, the city may provide notice for abatement of any violation by mail, registered, first class, to the owner of the property as shown by records of the Property Valuation Administrator at the time of the alleged violation. The owner/occupant shall have the right to petition the City Council for a hearing to determine the nature and abatement of the violation within ten days of the date of mailing the notice for abatement, by delivery in writing and addressed to the City Clerk. The City Clerk shall set a time for hearing before the City Council within ten days of the delivery of notice. The City Council shall hear evidence of the violation from witnesses, under oath, and shall make a determination of the violation, if any, and any remedy thereof. Upon finding of violation, the City Council shall prescribe an abatement of the violation and shall direct the City Clerk to prescribe an assessment to the real property upon the ad valorem tax bill for the immediate calendar year to recoup all costs associated with the abatement.
(Ord. 14-167, passed 10-13-2014: Ord. 019-288, passed 5-21-2019) Penalty, see § 151.99