(A) It shall be the duty of every land owner of real property within the city, to at all times cause to be cut and mowed, the grass and weeds and to cause to be cut and trimmed the flowers, vines, shrubbery, and trees not exceeding six feet in height, in a manner that protects and promotes the public health, safety, and welfare and presents an aesthetically pleasing appearance in those areas of parkage, undeveloped, or vacated rights-of-way which abut their properties. For the purpose of this section, PARKAGE is that space between the private property lot or survey line of the property owner and the paved or graded portion of the public street adjacent thereto and includes that area between the sidewalk and the street. Every property owner shall also have the duty of removing any refuse or other debris existing within the adjacent parkage, but the placement of refuse for collection in a manner and in containers specified by other provisions of this code is not prohibited.
(B) If the Code Enforcement Officer determines that any property owner has failed to comply with the provisions of division (A) of this section, the property owner shall be notified by first class U.S. mail as follows:
(1) A written notice of violation of this section to the property owner whose real property most closely abuts the parkage, undeveloped, or vacated right-of-way (as his name appears in the most recent real property tax rolls available to the city) that he has five days to comply with this section.
(2) If compliance is not had, the Code Enforcement Officer may then cause compliance at the expense of the property owner.
(3) That a lien shall be imposed on abutting property for the costs of bringing the parkage, or undeveloped or vacated right-of-way into compliance with this section and administrative costs related thereto.
(4) That a hearing may be requested in writing by the property owner, within five days of imposition of the lien. The request shall be to the Code Enforcement Officer, who shall review and determine the propriety of the lien.
(C) The Code Enforcement Officer is authorized to cause any property in violation of division (A) of this section, after notice is provided as set forth in division (B) of this section, to be brought in compliance with this section and to lien the abutting real property for the expense thereof. The Code Enforcement Officer shall have the sole and final administrative determination of the correctness of the lien and the amount thereof.
(D) The city shall have a lien against the property most closely abutting the property for any costs incurred in causing the property to be brought into compliance with division (A) of this section and other expenses the city incurs in causing the compliance and processing of the lien. Such lien shall bear interest at the legal rate.
(Ord. 585, passed 1-10-94) Penalty, see § 10.99