Article VII: Nuisances
Division 2. Weeds and Other Rank Vegetation

Sec. 74-401. Rank vegetation declared hazard to public health, safety and welfare.

The presence of high weeds, brush and other rank vegetation, excluding shade trees, ornamental shrubs, fruit trees, domesticated berry bushes and vines, cover crops and domestic grains and plantings on lots and pieces of land within the city, constitute a menace to the public safety, health and welfare by reason that such conditions may:

1. Cause a fire hazard.
2. Furnish cover for prowlers.
3. Create a nuisance with potential danger of injury on rocks, debris, holes, etc., covered by excess growth.
4. Obstruct visibility at street intersections.
5. Result in the aggravation of allergies.
6. Furnish a potential harborage or breeding place for disease-carrying insects, arthropods, animals and poisonous snakes.
   
   (Code 1981, § 24-6)

Sec. 74-402. Authority of city manager to determine existence of nuisance.

The growth of weeds, brush or rank vegetation shall constitute a public nuisance when, in the opinion of the city manager, any such growth on a lot or piece of land may substantially endanger the health, safety or welfare of the public, having considered those hazards enumerated in section 74-401. (Code 1981, § 24-7)

Sec. 74-403. Weeds over 12 inches in height declared nuisance.

The growth of weeds, brush or other rank vegetation in excess of 12 inches in height is declared to be a public nuisance, per se, detrimental to the health, safety and welfare of the public. (Code 1981, § 24-8)

Sec. 74-404. Permitting growth of weeds over 12 inches in height.

It shall be unlawful for the owner, lessee or agent in control of any lot or piece of land within the city to allow weeds, brush or rank vegetation to attain a height greater than 12 inches on such land or lot. Any person violating this section shall be punished as provided by section 1-7. (Code 1981, § 24-9)

Sec. 74-405. Abatement procedure.

1. Notice to owner. Whenever the city manager is informed and determines that a nuisance, per se, exists under section 74-403, or whenever the city manager shall determine that a nuisance exists as provided by section 74-402, he shall notify the owner of the property of his order to abate the nuisance by any of the methods set forth in section 74-31(b) hereof.
2. Abatement by city upon failure to comply with notice. If the nuisance is not abated within seven (7) days from the date the notice is first given (by delivery, deposit to the mails or posting of property), then the city manager shall notify the director of public works such nuisance, giving him the location thereof, and the director of public works shall cause such nuisance to be abated by whatever reasonable means are necessary.
   (Code 1981, § 24-10(a), (b); G.O. No. 5010, § 2, 9-5-2000)

Sec. 74-406. Charges for abatement by city.

1. Whenever the director of public works abates a nuisance under the provisions of this article, there shall be a minimum charge for the expenses incurred by the city for the abatement of the nuisance. The charge for abatement shall be as established in section 2-425. In weed abatement cases under section 74-405, the director of public works shall certify the costs of abatement of weeds and other rank vegetation to the director of finance. The owner of the property at the time the nuisance was abated shall be personally liable to the city for the cost of the abatement, which shall be a lien upon the tract of land where the nuisance was abated until paid in full. The director of finance shall have the option of issuing a special tax bill for the assessment of such costs or the director of finance may direct that the cost of such abatement be added to the annual real estate taxes for the tract of land. If the certified cost is added to the annual real estate tax bill for the property and not paid, the real estate taxes shall be considered delinquent, and the collection thereof shall be governed by the laws applicable to delinquent real estate taxes. Any special tax bill issued shall be for a duration of five (5) years, shall bear interest until paid at the legal rate, and may be foreclosed upon by the city through appropriate proceedings in the circuit court. Costs of collection, including attorney fees, shall be added thereto, in the event a lawsuit is required to enforce the tax bill.
   
2. The director of finance shall notify the owner of the tract of land in the manner set forth in section 74-31 of the issuance of the special tax bill or the direction that the costs of the abatement be added to the annual real estate taxes assessed against the property. The notice shall provide that the determination of the costs of abatement and the assessment shall become final, unless the owner of the tract of land files a written request for a hearing within ten (10) days after the giving of the notice, which request shall set forth the grounds upon which the owner contends that the assessment is invalid or erroneous. If a hearing is requested, the director of finance shall hold an informal meeting with representative of the city and the owner. The parties shall be given the opportunity to present information to the director concerning the assessment. After such informal hearing, the director may cancel or modify any assessment, or may affirm the assessment. The director shall give the owner notice of his decision in writing.
   
3. If extraordinary weed maintenance procedures are required to abate a nuisance under the provisions of this article, the actual expenses incurred by the city for the abatement of the nuisance shall be charged to the person in charge of the parcel of land as set out in this article.
   
4. For purposes of this section, the term "extraordinary weed maintenance procedures" shall be deemed to mean the required use of heavy construction equipment such as motor graders, crawler-tractors, wheel loaders and/or track-type loaders. Actual expenses shall be deemed to include all administrative costs, including costs incurred in renting such equipment; the cost of fuel, oil, lubrication, filters, and repair or replacement of parts, including tires, when such repair or replacement is not a result of normal wear and tear; the per-mile cost of dump trucks used in hauling away the rank vegetation; and all labor costs.
   (Code 1981, § 24-11; G.O. No. 5010, § 3, 9-5-2000)
   

Sec. 74-407. Remedies cumulative.

No proceeding in municipal court for prosecution of a violation of section 74-404 shall prohibit or be any bar to a proceeding by the city under the provisions of sections 74-405 and 74-406, nor shall any proceedings by the city under sections 74-405 and 74-406 prohibit or be any bar to a proceeding in municipal court for prosecution of a violation of section 74-404. (Code 1981, § 24-12)