Chapter 65 – Weeds

(ORD # 4-94)

Chapter 65–Weeds

 

65.005.    Exclusions. The provisions of this Chapter shall not apply to owners of tracts of land located within the City which are larger than four acres, if such tract is used for legitimate agricultural purposes, to the extent that this chapter prohibits the growth of grass to a height of greater than 12 inches on average and prohibits the growth of live brush.  This section does not exclude from the provisions of this Chapter and owners of any property located within the City which contains accumulations of dead weeds, grass (other than harvested hay), poison ivy, ragweed, poisonous plants, or plants detrimental to human health, or property located within the City which contains the growth of weeds greater than 12 inches in height on average which constitutes more than 20% of the foliage existing on such property.

 

65.010.    Cutting and removal of grass, weeds, etc.  It shall be unlawful for any owner of any land within the City to permit or maintain on such land, or between such land and the street, any growth of weeds or grass to a height greater than twelve (12) inches on the average, or any accumulation of dead weeds, grass or brush.  It shall also be unlawful for any owner to cause, suffer or allow poison ivy, ragweed or other poisonous plants, or plants detrimental to health to grow on such land. The growth of  weeds or grass to a height of more than twelve (12) inches; the growth of poison ivy, ragweed, poisonous plants, or plants detrimental to human health; and the accumulation of dead weeds, grass or brush is hereby declared to be a nuisance.

 

65.020.    (ORD # 07-03)  Duty of owner, lessee or occupant.  It shall be the duty of any owner, occupant, lessee or other person or entity in possession or control of any real property within the City to cut and remove, or cause to be cut and removed, all weeds, grass and poisonous or harmful vegetation as often as may be necessary to comply with the provisions of this Chapter 65.  It shall further be the duty of the owner, occupant, lessee or other person or entity in possession or control of any real property within the City of Holden to remove, or cause to be removed, any accumulation of dead weeds, grass, or brush so as to comply with all provisions of this Chapter 65.

 

65.030.    When City to do work.  If the provisions of this Chapter are not complied with, and the City wishes to provide for the abatement of the violation, the police chief or other official designated by the mayor, shall hold a public hearing after ten days notice thereof has been given to the land owner who is in violation of this chapter. Notice shall be given personally, by United States mail, or by posting such notice on the premises. Following the hearing, the police chief or other designated official may declare the situation to be a nuisance and order the same to be abated within five days.  In the event that the nuisance is not abated within five days, the police chief or other designated official shall abate the nuisance and shall certify the cost of the same to the city clerk.  The city clerk shall cause a special tax bill to be prepared and issued against the property. The tax bill, from the date of its issuance, shall be a first lien on the property until paid and shall be prima facie evidence of the recitals therein and of its validity and no mere clerical error or informality in the same, or in the proceedings leading up to the issuance, shall be a defense thereto. Such bills, if not paid when due, shall bear interest at the rate of eight percent per annum. No hearing shall be required as a prerequisite to the criminal prosecution of any offense under this Chapter.

65.040.    Penalty.  Each person who shall neglect to comply with the provisions of this Chapter, or who shall fail, neglect or refuse to comply with the provisions of any notice provided pursuant to this Chapter, or who shall resist or obstruct the police chief or other representative of the City in the performance of his duties or activities provided for in the Chapter, shall upon conviction thereof, be guilty of a misdemeanor. The preparation of a tax bill, as authorized by Section 65.030 shall not relieve any person of liability under this section.  Each person convicted of a violation of this Chapter shall be penalized as provided in Section 13.010 of this Code.  As provided in Section 13.020 of this Code, each day on which the violation if this Chapter continues shall constitute a separate offense.

 

65.050.    Weeds between sidewalk and curb or street. As required by Section 65.010 of this Code, it is the duty of each land owner to remove or cause to be removed, any nuisance as defined by this Chapter, existing between the sidewalk or property line of his land if there be no existing sidewalk, and any street.