Knowledge Base

(a)

The owner, party in interest, tenant, lessee or occupant of a dwelling, dwelling unit, premises, vacant lot or occupied, unoccupied, vacant, residential and nonresidential properties located within the city shall be required to cut, destroy or remove weeds, grass, harmful or unhealthy growths or other obnoxious or wild matter growing, lying or located in or on any such property with a height equal to or greater than 12 inches and to cut, destroy or remove such weeds, grass, harmful or unhealthy growths or other obnoxious or wild matter lying or located in or on any sidewalk abutting any such property or encroaching upon adjacent property by natural growth or by growth through, over or under fences or walls, regardless of height. No growth described in this subsection shall be allowed to interfere with the passage of any pedestrian on any sidewalk nor shall any such growth be allowed to obscure the clear line of vision of any motorist. Responsible parties shall insure that concrete curbs adjacent to property are trimmed or edged.

(b)

The owner, party in interest, lessee, or other person in control of any undeveloped, heavily wooded or otherwise inaccessible vacant property which is adjacent to or abutting developed lot(s) or tract(s) shall mow, cut or otherwise clear approximately a minimum of a 25-foot buffer between the developed and undeveloped tracts or acreage. The director of property standards, or his/her designee, has the authority to increase or decrease the approximate 25-foot buffer zone on a case-by-case basis when terrain or other factors prohibit strict compliance with this subsection.

(c)

Enforcement. The director shall be authorized to issue a citation or notice of violation to any owner, party in interest, tenant, lessee or occupant of any dwelling, dwelling unit, premises, or property who shall fail to comply with the provisions of this section. The citation or notice shall be served upon the owner, party in interest, tenant, lessee or occupant of such property as provided in this chapter. The institution of legal proceedings against any owner, party in interest, tenant, lessee or occupant of any such property shall not prevent the city from abating the violation by use of city resources or a private contractor as provided in section 38-85. Notice shall be given as provided in this section.

(d)

Penalties. As provided in section 38-4, the director shall have the authority to enforce the ordinances in this chapter, including the authority to issue a written notice of violation and/or citation for violations in accordance with applicable ordinances.

(1)

Whoever violates the provisions of this division shall be subject to the following penalties:

a.

Upon first violation shall be ordered to bring the property into compliance with city ordinances and may be fined $150.00 plus applicable costs and administrative fees.

b.

Upon second violation shall be ordered to bring the property into compliance with city ordinances and may be fined $250.00 plus applicable costs and administrative fees.

c.

Upon third violation shall be ordered to bring the property into compliance with city ordinances and may be fined $350.00 plus applicable costs and administrative fees.

(e)

Whoever violates the provisions of this division may, at the discretion of the director and for good cause, be granted an additional seven days to comply. Requests for additional time may be made by contacting the department of property standards within three days of receipt of service of the citation and/or written notice of violation.