(a) Declaration of Nuisance. The growth of grass to a height in excess of six inches, the accumulation of brush, limbs and downed trees, and of rank vegetation and noxious weeds, including, but not limited to, thistles, wild lettuce, wild mustard, ragweed and milkweed, within the City, is hereby declared to be a public nuisance. Permitting the same to accumulate, to spread and mature seeds or pollen is injurious to the public health and safety and any land covered thereby is hereby declared to be a public nuisance.
(1978 Code § 93.10)
(b) Cutting Required. Any person owning or having charge of land within the City shall keep the grass thereon cut to a height not in excess of six inches, shall keep the land free and clear of all noxious weeds and rank vegetation and shall cut, or cause to be cut, all said weeds and vegetation on lots owned or controlled by him or her as required to prevent rank growth and/or the maturing or spreading of seeds or pollen therefrom, and in any event not less than twice during the period of May 15 to October 15 of each year.
(1978 Code § 93.11)
(c) Notice to Cut.
(1) Upon written or verbal information that rank vegetation exists, or that noxious weeds are growing, on land in the City, and are about to spread or mature seeds or pollen, or upon written or verbal information that grass is growing on land in excess of six inches in height, or upon written or verbal information that brush, limbs or downed trees are on land in the City, Council shall cause notice to be served that such grass, weeds or vegetation must be cut and destroyed within five days after the date of the notice, or that such brush, limbs or downed trees must be removed within five days after the date of the notice.
(2) The Chief of Police, or his or her designee, shall serve notice on the owner or person having charge of the land by handing a written copy of the notice to the owner or person having charge of the land in person or by posting said notice at the land.
(1978 Code § 93.12)
(d) Failure to Comply With Notice; Remedy of City. If the owner or person having charge of the land mentioned in division (c) of this section fails to comply with the notice required by such division, Council shall cause the grass, weeds or vegetation to be cut and destroyed, or shall cause the brush, limbs and downed trees to be removed, and may employ the necessary labor to perform the task. All expenses incurred shall, when approved by Council, be assessed against the land and certified and collected as provided by law in the case of other assessments levied by Council. The expense to be assessed shall include, but shall not be limited to, the cost and expense of calculating, levying and collecting the assessments and all other necessary expenses. The remedy provided for herein shall be in addition to the penalty provided in division (e) of this section.
(1978 Code § 93.13)
(e) Penalty. Whoever violates any of the provisions of this section is guilty of a minor misdemeanor and shall be subject to the penalty provided in Section 698.02. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(Ord. 2005-22-A. Passed 7-5-05.)