(a) It is hereby determined that weeds and/or grass growing at a height of eight (8) inches or higher upon any property in the City shall constitute a public nuisance and that failure of any property owner or occupant of said property to cut such weeds or grass within five (5) days after notice to do so by the City Manager or his designated agent, or City employee, shall constitute the commission of the nuisance for which the owner or occupant of such property shall be liable. (Ord. 2021-94. Passed 1-4-22.)
(b) Whoever violates any provision of subsections (a) or (c) hereof is guilty of a misdemeanor of the fourth degree, and each day of noncompliance after the five days is deemed to be a separate violation of this section. (Ord. 1978-138. Passed 7-18-78.)
(c) In addition to the provisions of subsections (a) and (b) hereof, any person within the City who receives a notice from the City Manager that noxious weeds are growing on lands owned by him within the City and are about to spread or mature seeds or have spread and matured seeds, shall cause such weeds to be cut and destroyed within five days after service of the notice. If such owner or other person having charge of such lands is a nonresident whose address is known, such notice shall be sent to the address by certified mail; if the address of such owner is unknown, it shall be sufficient to publish the notice in a newspaper of general circulation in the City.
(d) Any police officer, Clerk or Deputy Clerk of Council or the City Manager may make service or return of the notice provided for in this section. If the owner, lessee, agent or tenant having charge of the lands fails to comply with the notice, then the City Manager shall cause the noxious weeds to be cut and destroyed and the expenses so incurred shall be deemed to be approved by Council.
(e) Upon the cutting and destroying of noxious weeds and receipt of all charges, included therein including fees of officers making service upon the person having charge of such lands, then a return letter shall be made to the County Auditor by the Clerk of Council with the proper description of the premises with a request that such amount be entered upon the tax duplicate and made a lien upon such lands from and after the date of the entry and be collected as other taxes and be returned to the Municipality according to law.
(f) The remedy contained herein for the cutting and destroying of noxious weeds and for the declaring of failure to do so a public nuisance shall be construed and reprinted as such supplemental remedies and not complete remedies.
(Ord. 1974-137. Passed 8-6-74.)