(A) It shall be the duty of the Police Department to serve or cause to be served a notice in writing upon the owner and occupant, if the premises are not owner occupies, of any premises on which weeds or plants are permitted to grow in violation of the provisions of this subchapter, and to demand the abatement of the nuisance within 10 days.
(B) If the person(s) or entity(ies) shall fail to comply with the notice, the Police Department may cause the offending weeds, grass or plants to be cut, and removed if necessary, and the expense thereof shall be repaid to the city by the owner, person or entity in control of the premises. The City Clerk or his or her designee shall furnish a bill therefor to the owner and occupant who shall be jointly and severally liable for the costs.
(C) All charges for the cutting shall be a lien upon the premises and whenever a bill for the cutting remains unpaid for 30 days after same has been rendered by the city, the City Clerk may file and enforce by foreclosure or otherwise a lien claim as provided by law. If and to the extent allowed by state statute, the lien shall include the city’s reasonable cost of cutting and removal, lien preparation and filing and reasonable attorney fees.
(D) If the charges remain unpaid for 30 days after the billing therefor, the city may, in lieu of foreclosing its lien, file an appropriate action in a court of competent jurisdiction for its expenses, as set forth in division (C) of this section, and/or the city may prosecute the owner and/or the occupant for violating this subchapter for fine(s) as provided in § 94.99. An action to recover the city expenses and/or to enforce the city’s lien may be joined with an action prosecuting violations of this subchapter.
(1992 Code, § 94.20) (Am. Ord. 072400C, passed 7-24-2000)