§ 8-60. Additional authority to abate dangerous weeds.

(a)

The city may go upon property and do or cause to be done the work necessary to obtain compliance without notice when:

(1)

Weeds have grown higher than forty-eight (48) inches; and

(2)

Are an immediate danger to the health, life, or safety of any person.

(b)

No later than the tenth day after the date the city causes the work to be done under this section, the city shall give notice to the property owner in the manner required by subsection 8-29(b).

(c)

The notice shall contain:

(1)

An identification, which is not required to be a legal description of the property;

(2)

A description of the violations of the article that occurred on the property;

(3)

A statement that the city abated the violation;

(4)

An itemized statement of the charges incurred by the city in doing or in having such work done as necessary to bring the real property into compliance; and

(5)

An explanation of the property owner's right to request an administrative hearing about the city's abatement of the violation.

(d)

Appeal of costs imposed. Within fifteen (15) days of the date the statement of costs is mailed to the owner of the premises, the owner may appeal the reasonableness of the charges billed for abating the condition to the city council by filing a written statement with the city council, stating why the charges are unreasonable. The appeal shall be submitted to the city council for review within a reasonable time after filing. If the city council finds the charges unreasonable, it shall assess the costs as it deems reasonable. The administrative charge shall not be appealable.

(e)

The city may assess expenses and create liens under this section as it assesses expenses and creates liens as provided in this article.

(f)

It shall be a defense to prosecution under this section that the vegetation is any of the following:

(1)

Agricultural crops, except grass or hay unless subsection b. below applies;

(2)

Hay that is grown for the specific purpose of cultivation and is part of a predominantly homogeneous plant population may be grown to any height provided it is located no closer than twenty (20) feet to an adjacent property;

(3)

Cultivated trees;

(4)

Cultivated shrubs;

(5)

Flowers or other decorative ornamental plants under cultivation; or

(6)

Wildflowers, but only until such time as seeds have matured following the final blooming of the majority of the plants.

(g)

It shall be the duty of any person having supervision or control of any lot, tract, or parcel of land or any portion thereof, to cut or cause to be cut and removed as necessary to comply with this section, all such grass, weeds, or vegetation on the property as often as may be necessary to comply with the provisions of this section.

(h)

The provisions of this section shall be applicable to all railroad rights-of-way within the city.

(Ord. No. 1093-7-2005, § 2, 7-5-05)