§ 83.26 NOXIOUS WEEDS; TALL GRASS AND UNDERBRUSH.
   (A)   Noxious weeds and the uncontrolled growth of grass or underbrush which screens refuse from view or affords a place of habitation for reptiles, insects or other pests, and which are dangerous or prejudicial to the public health, are hereby declared to constitute public nuisances.
   (B)   The City Manager, of his or her own volition or upon notice from any responsible person that a public nuisance, as defined in division (A) above, exists on any premises, shall cause an investigation to be made so as to determine whether a nuisance does exist. The City Manager, upon determination that nuisance does in fact exist, shall give written notice to the owner, occupant or person in charge of the premises involved, stating the conditions which constitute the nuisance, and ordering the prompt abatement thereof.
   (C)   Any person having been ordered, pursuant to division (B) above, to abate a nuisance shall comply with the order without undue delay. Any nuisance which is not so abated after ten days from the giving of the notice shall be abated by the city at the expense of the owner of the property involved, and the expense shall become a lien upon the particular property equal to the lien for ad valorem taxes.
   (D) Any person is deemed a chronic violator if he or she (including corporate owners) owns property whereupon, in the previous calendar year, the city took remedial action at least three times under the overgrown vegetation ordinance in accordance with division (A) above. Only an owner can be a chronic violator.
   (E)   The city may notify a chronic violator of the city’s overgrown vegetation ordinance that, if the violator’s property is found to be in violation of the ordinance, the city shall, without further notice in the calendar year in which notice is given, take action to remedy the violation in accordance with § 83.03. The initial annual notice shall be served by registered or certified mail. The city will notify the property owner of each violation on each occasion prior to the chronic violation stage in addition to notifying the occupant of the property if the occupant is someone different from the property owner. This notification to the property owner shall serve as notification to the property owner of consequences if abatement is not adhered as instructed.
   (F)   The city may take action to remedy the violation and the expense of the action shall become a lien upon the property and shall be collected as unpaid taxes in accordance with § 83.07.
(2009 Code, § 95.16) (Ord. 21012-4-24-7, passed 4-24-2012) Penalty, see § 10.99