521.15  CUTTING HIGH GRASS.
   (a)   No owner, lessee, tenant and/or responsible local agent of any real property within the City, and/or any other person having charge of any real property within the City, shall allow the property's grass to grow in excess of six (6) inches in height. 
   (b)   If the property's grass grows in excess of six (6) inches in violation of subsection (a) hereof, the Safety-Service Director shall cause such grass to be cut and/or removed and may employ the necessary labor to perform the task.  A fee of one hundred dollars ($100.00) will be assessed to the owner of the property for each individual lot whose size is 12,000 square feet or less.  For those lots that exceed 12,000 square feet, the fee assessed to the owner will be one hundred fifty dollars ($150.00) or the actual expense incurred by the City to remediate the violation, whichever is more.  All expenses incurred shall, when approved by Council, be paid out of any money in the Treasury of the City.
   (c)   The Safety- Service Director shall make a written return to the County Auditor of his/her action under subsection (b) hereof with a statement of the charges for services, the amount assessed for performing such labor, the fees of the officers who made the service of the notice and return and a property description of the premises.  Such amounts, when allowed, shall be entered upon the tax duplicate, shall be a lien upon such lands from the date of entry, and shall be collected as other taxes and returned to the City with the General Fund.
   (d)   In order to protect the health, safety and welfare of the general public, the Safety Service Director is not required to notify the owner, lessee, tenant and/or responsible local agent of the property, and/or any other person having charge of the property, before causing the grass to be cut and/or removed pursuant to subsection (b) hereof; but the Safety Service Director, in his/her sole discretion, may post a warning notice on the property and/or otherwise issue a notice to the owner, lessee, tenant and/or responsible local agent of the property, and/or any other person having charge of the property, to cut and/or remove the grass before causing the grass to be cut and/or removed pursuant to subsection (b) hereof.   
   (e)   Any owner, lessee, tenant and/or responsible local agent of any real property within the City, and/or any other person having charge of any real property within the City, who violates any provision of this section is guilty of a minor misdemeanor and shall be fined not more than one hundred dollars ($100.00) for the first offense.  For each subsequent offense, the owner, lessee, tenant and/or responsible local agent of any real property within the City, and/or any other person having charge of any real property within the City, is guilty of a misdemeanor of the fourth degree and shall be fined not more than two hundred fifty dollars ($250.00) or imprisoned not more than thirty (30) days or both.
(Ord. 18-048.  Passed 6-27-18.)