(A) Weeds as a nuisance. Any weeds, whether noxious, as defined by law, or not, growing upon any lot or parcel of land outside the traveled portion of any street or alley in the city to a greater height than 12 inches, or which have gone or are about to go to seed, are a nuisance. The owner and the occupant shall abate or prevent such nuisance on such property and on land outside the traveled portion of the street or alley abutting on such property.
(B) Notice.
(1) When a nuisance appears to exist in violation of division (A) of this section, the city shall serve notice upon the owner and occupant of the property, or the agent of each, by certified mail or by personal service, ordering such owner and occupant to have such weeds or grass cut and removed within 10 days after the mailing of the notice, and also stating that in case of non-compliance such work will be done by the city at the expense of the owner, and that if unpaid, the charge for such work will be made a special assessment against the property concerned.
(2) When no owner, occupant, or agent of the owner or occupant can be found, notice shall be posted on the property on which the nuisance exists 10 days before the city eliminates the nuisance, which posting shall constitute mailed and published notice pursuant to this section.
(3) Lack of receipt of notice shall not constitute a defense to the requirements of this section, provided good faith efforts to comply with this section are made.
(4) Representatives of the city are authorized to go upon property upon which a nuisance appears to exist in order to measure vegetation height and take reasonable vegetative samples in connection with such nuisance.
(C) Removal by city. If the owner or the occupant of any property in a city fails to comply with the notice within 10 days after its mailing, the City Maintenance Department shall cut and remove such weeds. The city shall keep a record showing the cost of such work attributable to each separate lot and parcel and shall deliver such information to the City Clerk such cost to be assessed to the property concerned.
(Ord. 2021-10-1, passed 10-12-2021)