Chapter 8.05
WEEDS
Sections:
8.05.010 Property owner responsibilities.
8.05.020 Enforcement authority.
8.05.050 Determination of service.
8.05.070 City liability provisions.
8.05.010 Property owner responsibilities.
All property owners are charged with the duty to keep their property reasonably clear of weeds and plants which may constitute a fire hazard to their own and to other persons’ property. (Ord. 281 § 1, 1982)
8.05.020 Enforcement authority.
The city maintenance supervisor is given the power and responsibility to enforce the provisions of this chapter. (Ord. 281 § 2, 1982)
8.05.030 Determination of potential fire hazard – Notification – Owner’s failure to take action – City action.
If the maintenance supervisor shall determine that weeds or other plants growing on any property within the city limits are combustible and present a clear, potential fire danger, he shall take the following steps:
(1) Inform the land owner (as shown by the county auditor’s tax records) in writing, by certified mail with return receipt, or by physical service, that the property described in the letter constitutes a clear, potential fire danger, and that the owner must mow the property or otherwise (as designated by the maintenance supervisor) cure the dangerous fire situation within seven days of the letter’s postmark, or within five days of personal service of the notice.
(2) The said property shall not be cleared of the existing hazardous weeds or other plants in a manner that would constitute further hazards, e.g., coverings that are as combustible in themselves or could cause harm to the health of humans and/or animals.
(3) The weeds or other plants must be cleared to a height of not more than eight inches within the time specified in subsection (1) of this section in order to cure the dangerous fire situation.
(4) If the owner fails to take action within the time period set by subsection (1) of this section or does not comply with subsections (2) and/or (3) of this section, the maintenance supervisor may mow the lot with city equipment, or contract with a private individual to have the lot mowed or cleared, or remove the weeds in a safe and suitable fashion, and the city shall bill the owner for the actual cost thereof, plus $15.00 for the administrative processing of the matter. (Ord. 290 § 1, 1983; Ord. 281 § 3, 1982)
8.05.040 Charges and billing.
All charges billed shall be due within 30 days, and all unpaid billings shall accrue interest, from the billing date, at the rate of 12 percent per annum, unless paid within 30 days from the date of billing. (Ord. 281 § 4, 1982)
8.05.050 Determination of service.
Service upon a tenant of the property lawfully in possession shall be deemed to be “service” upon the owner. (Ord. 281 § 5, 1982)
8.05.060 Civil remedies.
This chapter is adopted in order to protect the health and safety of the city’s residents. All remedies hereunder are civil in nature. The notice provisions contained herein are reasonably calculated to give the owner notice of the city’s intent, however, so long as the notice provisions of this chapter are followed, actual notice to the owner is not necessary for the exercise of the remedies contained herein. (Ord. 281 § 6, 1982)
8.05.070 City liability provisions.
This chapter does not create an obligation on behalf of the city to clear vegetation off of property in the city; the reason for this chapter is to provide a method whereby concerned city residents and concerned city officials can remove a hazardous fire condition. The city does not hereby accept responsibility for clearing lots of weeds, nor does the city in any way accept responsibility for any damage caused by fire upon vacant property. (Ord. 281 § 7, 1982)