(a) Cutting Schedule. Any person owning, occupying or having charge of land within the Municipality shall keep such land free and clear from all noxious weeds and rank vegetation, tall grass, and tall weeds, and shall be required to cut all such weeds, rank vegetation, and grass on such land as often as is needed so as to prevent weeds, vegetation and grass from exceeding six inches in height.
(Ord. 1999-14. Passed 8-2-99.)
(b) Disposal of Grass Clippings and Cut and Dead Vegetation. No person shall do any of the following:
(1) Cause the accumulation of grass clippings or other cut and dead vegetation in such a manner that the accumulation creates noxious odors or an environment for vermin;
(2) Allow grass clippings to accumulate on any public street surface or alley.
(Ord. 2004-10. Passed 5-17-04.)
(c) Notice to Cut; Service or Publication. Upon information that noxious weeds, rank vegetation, or tall grass or tall weeds in excess of six inches are growing on lands in the Municipality, the Municipality will cause written notice of the offense to be served upon both the owner of the land and the occupant or person having charge of the land if occupied. Except as set forth below, such service shall be made by a Police Officer, Clerk of Council, or other designated agent of Council by personal service or by regular mail.
(Ord. 2009-10. Passed 9-21-09.)
(1) If the addresses of either the owner or of the person having charge of such land or both cannot be determined by reasonable diligence of the Police Department or the City Clerk, then notice by publication of the violation once in a newspaper of general circulation in the County shall be deemed in compliance with the requirements of notice as hereinstated.
(2) If the owner or the person having charge of such land is a nonresident whose address is known to the Police Department or to the Clerk of Council, written notice of the violation of this section shall be sent to such address by registered mail and publication shall not be required as to such nonresident.
(3) In the interest of expediency and to secure compliance, the Police Department, Clerk of Council or other designated agent may cause notice by publication as above stated be commenced immediately upon the learning of a violation of this section. This provision will not relieve the City of the necessity of attempting to make personal service as hereinabove stated, but shall fulfill the requirements of notice under those conditions wherein notice by publication is herein authorized.
(Ord. 1986-18. Passed 6-2-86.)
(4) Notice as required herein must state the general location of the land, the fact that vegetation thereon contains noxious weeds and/or exceeds six inches in height and that the individual must comply with the requirements of this section within two days from the receipt of notice or after the date of publication as herein provided. Such notice or publication shall refer to this section by number.
(Ord. 2004-14. Passed 7-6-04.)
(d) Noncompliance: Work by Municipality.
(1) If the owner and occupant or person having charge of such land fails to correct the violations cited in the notice within two days from the personal service, mailing, receipt by registered mail, or publication of such notice, as provided under Section 521.12
(c), then the Municipality shall cause the weeds, vegetation and grass to be cut and removed or destroyed at a charge of fifty dollars ($50.00) per hour, plus fifty dollars ($50.00) for any part of an hour, with a minimum charge of fifty dollars ($50.00). All such expenses and labor costs incurred shall, when approved by Council, be paid out of Municipal funds.
(2) The Code Administrator shall certify the costs incurred to the Director of Finance. The Director of Finance shall make a written report to the County Auditor of the charges which shall include the cost of mowing, the fees of any officer serving required notices, cost of sending or publishing notification, and for obtaining a proper legal description of the premises, if necessary. These amounts shall be entered upon the County tax duplicate and shall thereby become a lien upon the premises from and after the date of entry and be collected as other taxes and returned to the City for deposit with the General Fund.
(e) This section shall not apply to an owner of land and the occupant or person having charge of the land who informs the Code Administrator in writing that the land will be baled, provided that each of the following conditions are met:
(1) The land to be baled equals or exceeds 1 acre.
(2) The land is baled at least four times per year.
(3) The grass and other vegetation is removed immediately upon being baled.
(4) The grass and other vegetation does not exceed, at any time, 18 inches in height.
(5) The name, address, and telephone number of the appropriate contact person pertaining to the land is provided to the Code Administrator in writing.
(f) The first violation of any provision in this section shall constitute a minor misdemeanor. Any person convicted of a subsequent offense under this chapter within two years from the date of a prior conviction shall be guilty of a misdemeanor of the fourth degree. Each day such offense occurs or continues shall constitute a separate offense.
(Ord. 2009-10. Passed 9-21-09.)