Oakdale Municipal Code Art. III Weeds

[Ord. No. 395, § 2; Ord. No. 650, § 1.]

Every owner of real property in the city shall keep such real property free and clear from dirt, rubbish, weeds and rank growth dangerous or injurious to neighboring property or the health or welfare of residents of the vicinity with the purpose being to keep the area aesthetically pleasing and to eliminate or prevent dangerous situations with regard to health and fire. A weed is defined as a plant of no value or of detrimental quality which could cause a hazard if left alone due to fire, health or traffic safety or whose existence would create a public nuisance.

[Ord. No. 395, § 1; Ord. No. 650, § 1.]

Every owner of real property in the city shall keep the adjacent sidewalks, and parkings and to the center of the street, including alleys, abutting on such property, free and clear of all grass, weeds and trash that constitute a fire hazard, and other obstructions that are dangerous or injurious to the health and welfare of the residents of the vicinity.

[Ord. No. 650, § 1.]

Upon the failure of any owner of real property to remove or clear away grass, weeds and other obstructions from the sidewalks, parkings and abutting streets, or upon the failure or refusal of any such owner of real property to remove or clear away weeds, rubbish or other dangerous or injurious material from such real property, the owner of such property shall be notified by the director of public works or his authorized agent to remove the same within a period often days. Such notice shall be in writing and may be served personally upon such owner, or may be served by sending such notice first-class mail, postage prepaid, to each person whom such real property is assessed at the last equalized assessment roll available on the date of mailing the notice. The address of the owner shown on the assessment roll shall be conclusively deemed to be the proper address for the purpose of mailing such notice; such notice shall be effective as of the date of mailing.

[Ord. No. 395, §§ 4, 6, 8; Ord. No. 650, § 1.]

If, at the end of the period mentioned in the notice, the owner has failed to remove the grass, weeds or other obstructions, rubbish or other dangerous or injurious material, the director of public works, or his authorized agent, shall cause such grass, weeds, rubbish, obstructions or dangerous or injurious material to be removed from such real property, sidewalk, parkings or the abutting street, and shall report the expense of the work to the director of finance of the city. The director of finance shall charge the expense, which shall include a ten dollar handling fee, to the owner. If the owner fails or refuses to pay the amount of the expense within the period of thirty days after being billed therefor by the director of finance, the director of finance shall report such unpaid expenses to the city council. Upon receipt of such report, the city council shall set a date and time for the hearing on the report, and notice shall be mailed to each person to whom real property is assessed, in the last equalized assessment roll available on the date of mailing the notice. The address of the owner shown on the assessment roll shall be conclusively deemed to be the proper address for the purpose of mailing such notice of hearing.

At the time fixed for the hearing on the report of expense, the city council shall hear it with any objections of the property owner liable to be assessed for such work or removal. The city council may modify the report if it is deemed necessary. The city council shall then confirm the report by resolution.

The resolution confirming the report shall direct the county auditor to add the amount of unpaid expenses as shown on the report, and as confirmed by the resolution, to the next regular municipal tax bills assessed against the parcels shown in the report.

[Ord. No. 395, § 7; Ord. No. 650, § 1.]

The cost of removal of grass, weeds, rubbish, obstructions or other dangerous or injurious material, including the ten dollar handling fee, from each parcel of land shall constitute a special assessment against the parcel of land. After the assessment is made and confirmed, it is a lien on the parcel.

[Ord. No. 395, § 9; Ord. No. 650, § 1.]

The amount of the assessment shall be collected at the time and in the manner of ordinary municipal taxes. If delinquent, the amount is subject to the same penalties and procedure of foreclosure and sale provided for ordinary municipal taxes.

[Ord. No. 395, § 5; Ord. No. 650, § 1.]

The director of public works, or his authorized agent, may enter upon private property to remove grass, weeds, rubbish, obstructions or dangerous or injurious material.

[Ord. No. 804, § 1.]

The provisions of sections 26-23 through 26-29, inclusive of this chapter, relative to the responsibility of property owners and the abatement procedures therein set forth shall also apply to the abatement of accumulated trash, scrap materials, and debris, which interfere with the public health, comfort, and safety of the city or will become a fire hazard, or a hazard to sanitation or a public nuisance as set forth in section 26-11 of this chapter.