(A) Real property to be kept clean. It shall be unlawful for any person owning or occupying real property to allow weeds to grow or exist on such property in violation of this subchapter, or not to remove from any such property any cuttings of such weeds or any refuse, or unsightly or deleterious objects, after having been given notice from the Code Enforcement Officer as hereinafter provided.
(1) Except that where, due to the size, location, proximity to buildings, accessibility, or other circumstances regarding certain real property, a Code Enforcement Officer determines that weeds on such property, which would otherwise constitute a violation of division (C) below, do not create a serious nuisance or fire hazard, or that requiring the removal of such weeds is deemed impractical, a Code Enforcement Officer may:
(a) Issue an order permitting the owner to create fire breaks a minimum of 15 feet in width at locations on the property to be determined by the Inspector; and/or
(b)
Exempt the property from the requirements of this subchapter.
(2) Except where a nature park, natural drainage area, storm drain basin, or wetland mitigation area is owned or maintained by the city, the required cutting of weeds and grasses on these properties, as outlined in division (C) below, is exempt. Adjacent property owners may request the city mitigate a potential fire hazard that may exist upon these lands, and thereafter, the Parks & Recreation Director or Public Works Director who works in conjunction with the Weber County Fire Marshal shall:
(a) Ensure that there exists or otherwise create a fire break that does not exceed 15 feet between the property line and the nature park, natural drainage area, storm drain basins, or wetland mitigation area for lands that are actively irrigated. The actual size of the fire break will be determined by the Parks & Recreation Director or Public Works Director based on site conditions, proximity to buildings, and other relevant factors.
(b) Ensure that there exists or otherwise create a fire break that does not exceed 30 feet between the property line and the nature parks, natural drainage areas, storm drain basins, or wetland mitigation areas for lands that are not irrigated. The actual size of the fire break will be determined by the Parks & Recreation Director or Public Works Director based on site conditions, proximity to buildings, and other relevant factors.
(B) Weeds defined. WEEDS shall include any vegetation growing in an uncultivated state, not used for food, fiber, or ornamentation, or any vegetation commonly referred to as a WEED, or which shall have been designated a NOXIOUS WEED by the State Department of Agriculture and Foods, and/or the County Weed Department.
(C) Standards of weed control. It is hereby declared that the weeds stated in division (B) above constitute a nuisance when they:
(1) Create a fire hazard, a source of contamination or pollution of the water, air, or property, a danger to health, a breeding place or habitation for insects or rodents or other forms of life deleterious to humans, or are unsightly or deleterious to their surroundings;
(2) Have grown to a height greater than 12 inches above ground; and
(3) Have covered more than 25% of the property.
(Prior Code, § 8.06.020) (Ord. 11-2016, passed 6-15-2016; Ord. 25-2024, passed 8-7-2024)
Penalty, see § 90.99