All weeds in the city are declared to be a public nuisance. All owners of property in the city are required to keep their respective property and the sidewalk (that portion of the street between the curbline and the property line) in front of their respective property free from all weeds.
(Ord. 73-11-714 § 2 (part): prior code § 9.52.010)
A. Whenever it appears that the provisions of this chapter are being violated, it shall be the duty of the director of public works of the city to so notify the city council. The notice to the council shall contain a description of the property upon which weeds are growing in violation of this chapter or, in case weeks are growing on the sidewalk, then a description of the property in front of which the sidewalk is located.
B. Nothing in this section shall be construed as meaning that the notice shall contain an exact legal description of the aforementioned real property. The description shall be deemed sufficient if it describes the property in such a manner as will enable the members of the city council to locate and identify the property therein described.
C. If, upon the consideration of the notice from the director of public works, the city council determines that this chapter or any section thereof is being violated by the owners of real property described in the notice, the city council may adopt a resolution authorizing the director of public works to notify the owners of the premises upon which the nuisance exists of such violation.
D. Upon the adoption of a resolution, as provided for in subsection C of this section, it shall be the duty of the director of public works to notify the owner of the premises upon which the nuisance exists of such violation by depositing such notice in the United States Post Office, enclosed in an envelope, having the postage thereon prepaid, and addressed to such owner at his last known address, or by posting such notice in a conspicuous place upon the premises. Upon the failure of the owner to thereupon remove such weeds at the expense of the owner, and such expense shall be recoverable by the city by suit or otherwise.
(Ord. 73-11-714 § 2 (part): prior code § 9.52.020)
Whenever such a nuisance exists upon the property of any nonresident or upon the sidewalk in front of such property or any property or the sidewalk in front thereof, the owner or owners of which property cannot be found by the director of public works after diligent search, or on the property of any owner or owners or on the sidewalk in front of said property upon whom due notice may have been served, by mailing or posting as provided in Section 8.20.020, and who for ten days refuse or neglect to abate the same, or on any city property, it shall be the duty of the director of public works to cause the nuisance to be at once removed or abated, and to draw upon the general fund for such sums as may be required for its removal or abatement. The sum or sums so paid shall, at the time of being so paid, become a lien on the property from which or from the sidewalk in front of which the nuisance has been removed or abated in pursuance of this section, and may be recovered by an action against the property.
(Ord. 73-11-714 § 2 (part): prior code § 9.52.030)
It shall be the duty of the city attorney to foreclose all such liens in the proper court in the name and for the benefit of the city and, when the property is sold, enough of the proceeds shall be paid into the city treasury to satisfy the lien and costs, and the surplus, if there is any, shall be paid to the owner of the property if he can be found and, if not, then into the court for his use when ascertained.
(Ord. 73-11-714 § 2 (part): prior code § 9.52.040)
Any person who maintains, permits, or allows such nuisance to exist upon his or her property or premises, or on the sidewalk in front thereof, after notice to remove the same has been served upon such person or posted upon the property upon which the nuisance exists, is guilty of a misdemeanor and shall be punished pursuant to Chapter 1.16.
(Ord. 73-11-714 § 2 (part): prior code § 9.52.050)