Lindsay Municipal Code § 8.28 Weed Abatement

It is unlawful for any owner of real property, or lessee thereof, or occupant thereof, within the city, to allow the real property or premises to become or constitute or be deemed, within the discretion of the fire chief of the city, a fire hazard or a hazard to the health and welfare of the city, other property therein or the residents thereof, as a result of the growth of and/or the existence of noxious weeds and grasses and/or other vegetation or debris and refuse.

(Ord. 324 § 1, 1973)

The maintenance of real property in such condition within the city whereby noxious weeds or grasses and/or other vegetation, debris or refuse are allowed to grow, decay, gather or accumulate so as to constitute a fire hazard or a danger to the city, other property therein or the residents thereof or the general public, shall constitute a public nuisance.

(Ord. 324 § 2, 1973)

When the hazards set forth in Section 8.28.010 or the conditions set forth in Section 8.28.020 exist, it shall be the duty of the fire chief to notify the property owner, lessee or occupant thereof to abate such condition forthwith. The notice shall be given in writing to the occupant thereof, and in the event that the occupant thereof is not the owner of record thereof as shown upon the last assessment roll of the city, or in the event that the real property is unoccupied or vacant, by giving written notice of the condition and demand to abate them by mailing a copy of the notice by United States mail to the owner thereof of record as shown upon the last assessment roll of the city, as maintained in the office of the city clerk. The notice shall set forth in detail the conditions constituting the hazard, the legal description and location of the real property upon which the condition exists, a demand that the condition be abated within a period of not to exceed fifteen days of the mailing of the notice, together with a copy of the ordinance codified in this chapter.

(Ord. 409, 1986: Ord. 324 § 3, 1973)

In the event that the hazardous condition of the real property described in this chapter is not abated pursuant to the notice, the fire chief shall immediately thereafter notify the public works department of the city, and the department shall forthwith and without further notice undertake to abate the nuisance and hazardous condition by use of fire control in cooperation with the fire department, or by discing of grasses and weeds or by removal of refuse and debris, as the case may be. The public works department may use city personnel and equipment to abate the condition or if it is deemed necessary hire outside personnel and equipment for the abatement, or contract with others for the abatement.

(Ord. 324 § 4, 1973)

In the event that the abatement of the nuisance or hazardous condition is not done by the owner or occupant or lessee thereof, but by the city in any manner set forth in Section 8.28.040, any and all charges, costs or expense thereof, paid or incurred by the city shall be billed by the city to the owner of the real property and shall become a charge and lien upon the real property upon which the abatement work was performed, and in the event it is not paid within thirty days of mailing of the billing, then and in that event the costs and expense shall become a lien upon the real property and be a charge thereon, and shall be added to the annual tax bill assessed and payable upon the real property to the city until it has been fully and completely paid.

(Ord. 324 § 5, 1973)

Any violation of this chapter shall constitute a misdemeanor and shall be punishable by a fine in an amount which is set by resolution of the City Council or imprisonment for not more than six months for any subsequent violation of this chapter.

(Ord. 604 2023, Ord. 324 § 6, 1973)