§ 54-28. Removal of grass and weeds.

(a)

Height limitation. It shall be unlawful for the owner of occupied or vacant developed or undeveloped property within the boundaries of a platted subdivision, or any other areas zoned for residential-agricultural, residential, business, commercial or industrial use, to permit the growth of weeds, brush or other uncontrolled vegetation in excess of 15 inches to remain. It shall be unlawful for the owner of any property of less than two acres to permit grass and weeds of more than 15 inches in height to remain. It shall be unlawful for the owner of any property of two acres or more to permit grass and weeds of more than 15 inches to remain standing upon any part of such property that is within 150 feet of the pavement edge of a state maintained road or 200 feet of any structure or dwelling of another property. This section shall not apply to land in active farming operation.

(b)

Inspection and notice to cut grass and weeds. When the county has determined that a violation exists, it shall notify the owner of the parcel or lot on which the violation exists to cut or cause to be cut the grass and weeds within ten days as is specified on the notice. Such notice shall be in writing and shall be sent by first class mail to the last known address of the owner based upon the county real estate tax records. For purposes of this article, only one written notice per growing season shall be required.

(c)

Cutting by county forces or private contractor. If the grass and weeds are not cut within the time required by the written notice then the county shall cause them to be cut and the cost and expense thereof is assessed against the owner of such property. The cost thereof together with an administrative handling charge of $35.00 shall be billed to the owner and, if not paid, shall constitute a lien on the property and shall be added to and collected in the same manner as real estate taxes on such property.

(d)

Penalty for violation. Violation of this section is punishable by a civil penalty of not more than $50.00. The civil penalty for subsequent violations within 12 months of the first violation shall not exceed $200.00. In no event shall a series of violations result in civil penalties that exceed $3,000.00 in a 12-month period. Each business day shall constitute a separate offense. Any person receiving three civil penalties within a 24-month period for violations not arising from the same set of operative facts shall be guilty of a class 3 misdemeanor.

(Code 1988, § 8-28; Ord. No. O-11-24, § 1, 10-11-2011; Ord. O-12-12, § 1, 7-10-2012; Ord. No. O-12-13, § 1, 7-10-2012; Ord. No. O-15-14, § 1, 7-14-2015)

Editor's note— Ord. No. O-15-14, § 1, adopted July 14, 2015, amended the catchline of § 54-28 from "Removal of grass and weeds and proper disposal of trash and garbage" to read as herein set out.

(Code 1988, § 8-28; Ord. No. O-11-24, § 1, 10-11-2011; Ord. O-12-12, § 1, 7-10-2012; Ord. No. O-12-13, § 1, 7-10-2012; Ord. No. O-15-14, § 1, 7-14-2015)

Editor's note

Ord. No. O-15-14, § 1, adopted July 14, 2015, amended the catchline of § 54-28 from "Removal of grass and weeds and proper disposal of trash and garbage" to read as herein set out.