§ 94.29. Noxious weeds.

A.

No person who is the owner or in charge of land within the City shall permit to grow thereon any ragweed, field daisies, goldenrod, burdock, yellowdock, dandelions, thistles, jimpson weeds, milkweeds, polygonum, mullein, poison ivy, poison oak, or other weeds or grasses of rank growth, exceeding eight inches in height. Inspection shall occur during the growing season, beginning not later than April 1st of each year, and concluding no earlier than the first killing frost as recorded by the Department of Commerce, National Weather Service Office of local jurisdiction.

B.

On information that noxious weeds, including ragweed, field daisies, dandelions, goldenrod, burdock, yellow dock, polygonum, thistles, or any other weeds or grasses or growth which gives off offensive or noxious odors, or from which any injurious, offensive, or annoying pollen, dust, down, seed, or particles may be carried, or which may conceal filthy deposits, are growing on land within the City, the Director of Neighborhood Assistance will cause the notice to be posted in a conspicuous place on the subject property and served by personal service to both an occupant of the property and the owner of the property, or if personal service is not accomplished, then by mailing, by regular mail, to the address of the subject property if there is a dwelling thereon, and to the property owner at the location to which the auditor mails the tax bill for the subject property notifying the owner, lessee, agent, tenant, or other person having charge of the subject property that such weeds or other growth must be cut or destroyed within five days after posting of such notice. This notice shall contain the date of posting and the location of the property. Such weeds or other growth must be cut or destroyed within five days after personal service, mailing or posting of such notice, whichever occurs first. Such written notice and order and any appeal therefrom shall be governed by § 94.31.

C.

If the owner or other person in charge of the subject property fails to comply within seven days from the posting of the notice, the Director of Neighborhood Assistance shall cause the noxious weeds to be cut and destroyed and may employ the necessary labor to perform such work or cause it to be done by the appropriate City division.

D.

All expenses, administrative charges, and/or fines resulting from the City cutting and destroying such noxious weeds or grasses shall be assessed pursuant to § 94.32.

E.

One notice to cut or destroy noxious weeds shall be deemed notice for all subsequent violations at the subject property, subject to the following conditions:

1.

Upon service of a notice to cut or remove noxious weeds or growth pursuant to subsection (B) of this section, the Director of Neighborhood Assistance shall include the subject property upon a master mowing list of properties unless and until:

(a)

The owner or other person responsible for the subject property successfully appeals the notice pursuant to § 94.31 such that the notice is dismissed; or

(b)

The Director of Neighborhood Assistance observes that the owner or other person responsible for the subject property maintains the subject property in compliance with subsection (A) of this section for a period of one hundred twenty (120) consecutive days during a growing season.

F.

Upon the Director of Neighborhood Assistance observing that a property listed upon the master mowing list has satisfied subsection (e) of this section, he shall remove the subject property from the master mowing list, record that the notice has been complied, and otherwise close the matter with written notice to the owner or other person responsible for the subject property that such has occurred by regular mail.

G.

The Director of Neighborhood Assistance shall maintain the master mowing list as a public record, updated as necessary and provided upon request, and may provide electronic access by means of a link to the website maintained by the City.

(Ord. 222-2008 §1: Ord. 634-2004; Ord. 93-1989; Ord. 117-1986; Ord. 479-1985; Ord. 186-1985; Ord. 226-1981; Ord. 919-1976)

(Ord. 13-2010; Ord. 87-2011; Ord. 210-2012; Ord. 396-2016)