(a) Keeping Down Weeds. Any person owning or having charge of land within the City which falls within the limits provided by subsection (b) hereof shall keep such land free and clear from all noxious weeds and rank vegetation and shall also be required to control all weeds, grasses and vegetation, except trees, shrubs, acceptable flowers and farm crops, by cutting or other effective legal means of control, at least three times in every year, once between May 15 and July 1, once between July 1 and August 15, and once between August 15 and October 1, and at any other time as is necessary to keep the growth of such weeds, grasses and vegetation under ten inches high. For the purposes of this section, the term “noxious” shall be deemed to mean hurtful or offensive and the term “rank” shall be deemed to mean luxuriant in growth.
(Ord. 125-10. Passed 7-17-00.)
(Ord. 125-10. Passed 7-17-00.)
(b) Property to be Cleared. The control of weeds and vegetation required by subsection (a) hereof shall be accomplished on all lands within the City that lie within 300 feet of any residential or business structure or within 200 feet of any accessory building or structure or paved right of way.
(c) Notice to Owner to Cut Noxious Weeds; Service. Upon information that noxious or rank vegetation, as defined in subsection (a) hereof, are growing on lands in the City and are about to spread or mature seeds, or that the height of the same exceeds twelve inches, the Mayor shall cause written notice to be served on the owner or person having charge of such land that such weeds must be cut and destroyed within five days after service of the notice. If the owner or person having charge of such land is a nonresident whose address is known, such notice shall be sent to his address by certified mail; if unknown, it shall be sufficient to publish the notice once in a newspaper of general circulation in the County.
(d) Fees for Service and Return. The Chief of Police, any police officer or Clerk of Council may make service and return of the notice in subsection (c) hereof and shall be allowed the same fee as that provided for service and return of summons in civil cases before a magistrate.
(e) Procedure when Owner Fails to Comply with Notice. If the owner or person having charge of such land fails to comply with such notice, the Mayor shall cause the noxious weeds to be cut and destroyed. All expenses and labor costs incurred shall, when approved by Council, be paid out of the City funds not otherwise appropriated.
(f) Written Return to County Auditor; Amount of Lien upon Property. The Clerk shall make a written return to the County Auditor of the action taken under subsections (a) through (e) hereof, with a statement of the charges for labor, material and equipment incurred in the cutting and destroying of such noxious weeds, to which shall be added fifteen percent of such charges or a fixed sum of fifteen dollars ($15.00), whichever is greater, to meet the costs of the fees of the officers serving notices, the cost of mailing notices, the cost of preparing such notices, the cost of legal services in determining ownership of properties upon which such offenses occurred and any other costs necessary to accomplish the purpose of this section, along with a proper description of such premises. Such amounts shall be entered upon the tax duplicate as a weed cutting assessment and be a lien upon such land from and after the date of entry and shall be collected as other taxes and returned to the City with the general fund settlements.
(g) Violations. Whoever violates or fails to comply with any provision of this section is guilty of a minor misdemeanor.