(a) All private and public property within the corporation limits of the City shall maintain the grass and weeds located on such property at a height not to exceed eight inches.
(b) Any officer of the Police Department is hereby authorized to enforce such maximum height of grass and weeds upon the visual observation that any such property’s grasses or weeds have exceeded the maximum height requirement.
(c) Upon the visual observation by a Waverly Police Officer of such grasses or weeds in excess of the minimum standard set by this section, such officer shall provide a written warning to the owner of such property.
(d) After 24 hours of the occurrence of such warning by a Waverly Police Officer to the property owner, such property shall be mowed or trimmed in order to alleviate such excessive height set by this section.
(e) If after 24 hours of the occurrence of such warning by a Waverly Police Officer, the property owner has not caused such grasses or weeds to be trimmed or mowed within compliance of the minimum standard set by this section, such property shall be in violation of this section, and the property owner shall be guilty of a minor misdemeanor for a first offense; and the owner of such property shall be summoned to appear in the Waverly Municipal Court and if found guilty shall be penalized accordingly, but not less than a fifty dollar ($50.00) fine. If the subject property is not in compliance with this section for a second time following the first offense, the alleged offender may be cited again; however, for a second offense, the penalty increases to a Misdemeanor 4; a third offense, the penalty increases to a Misdemeanor 3; a fourth offense, the penalty increases to a misdemeanor 2; and a fifth offense shall be penalized as a Misdemeanor 1 which carries up to six months in jail and a one thousand dollar ($1,000) fine. Any offenses beyond the fifth offense shall be penalized as a Misdemeanor 1.
(f) During any such time period that a property is considered in violation of this section, the Police Department may cause such property to be mowed or trimmed, and shall recover any such cost incurred by such action from the property owner, in the Waverly Municipal Court, in addition to, and not as a replacement of, a fine warranted by this section.
(g) Any private or public property that is categorized as one of the following is exempt from this section:
(1) Properties located within a natural creek, river, wetland or riparian corridor area;
(2) Properties whose principal use is determined to be for Agricultural use;
(3) Abandoned railroad beds; or railroad rights of way;
(4) Any property that is located on an embankment or hillside containing a grade or slope ratio of 2:1 or more.
(Ord. 24-2008. Passed 5-6-08.)