Chapter 8.28 — WEEDS

All weeds growing upon the street, sidewalks or private property in the city are declared to be public nuisances in the city.

(Prior code §8-801)

For the purposes of this chapter, "weeds" as used in this section include any of the following:

A.

Weeds which bear seeds of a downy or wingy nature;

B.

Sagebrush, chaparral, and any other brush or weeds which attain such large growth as to become, when dry, a fire menace or nuisance to adjacent property;

C.

Weeds which are otherwise noxious or dangerous;

D.

Poison oak and poison ivy when the conditions of growth are such as to constitute a menace to the public health;

E.

Dry grass, stubble, brush, litter, or other flammable material which endangers the public safety by creating a fire hazard;

F.

Weeds which are seasonal and recurrent nuisances.

(Prior code §8-802)

A.

It shall be the duty of the fire chief and his deputies or assistants, to enforce the provisions of this chapter.

B.

When possible, and at his request, the public works and/or police department or other departments shall aid him.

(Prior code §8-803)

Whenever in the opinion of the fire chief a public nuisance, as provided in Section 8.28.010, exists, he shall give or cause to be given notice as hereinafter provided directing the removal of the public nuisance within ten days following the date of notice. In the event of default by the owner of the property, the city shall proceed to abate such nuisance and assess the costs of clearing the parcel to the owners and/or occupant or to the owner whose land fronts on said sidewalk, parkway and/or street.

(Prior code §8-804)

The notice shall contain a statement requiring the property owner and/or one having right to possession to abate the public nuisance by a certain date and informing him that the city will abate the same if he fails to do so and the cost will be assessed to him, providing for a hearing by the city council on any objections to the removal or abatement of the nuisance. Notice shall be conspicuously posted on or in front of the property or in front of which the nuisance exists. He shall post:

A.

One notice to each separately owned parcel of property;

B.

As an alternative to posting notice, the legislative body may direct the city clerk to mail written notice of the proposed abatement to all persons owning the property.

(Prior code §8-805)

In the event that the owner or occupant fails, refuses or neglects to remove weeds, within ten days, the fire chief shall report such failure to the city council and request the council to declare the weeds or conditions described in Section 8.28.010 to be deemed a public nuisance and to empower the officer to abate such nuisance.

(Prior code §8-807)

At the time stated in the notices, the city council shall hear and consider all objections to the proposed removal of weeds, as described in Section 8.28.010. It may continue the hearing from time to time.

(Prior code §8-808)

By motion or resolution at the conclusion of the hearing the city council shall allow or overrule any objections. At that time the council acquires jurisdiction to proceed and perform the work of removal.

(Prior code §8-809)

The decision of the city council is final.

(Prior code §8-810)

If objections have not been made, or after the city council has disposed of those made, it shall order the fire chief to abate the nuisance forthwith by having the weeds removed. The order shall be made by motion or resolution. The fire chief shall be empowered to abate the nuisance by the use of city employees or by contract for the abatement of the public nuisance.

(Prior code §8-811)

The fire chief may enter upon private property to inspect for and abate the nuisance.

(Prior code §8-812)

Before the fire chief arrives, any property owner may remove the weeds, at his own expense.

(Prior code §8-813)

The fire chief shall keep an account of the cost of abatement in front of or on each separate parcel of land where the work is done by him. He shall submit to the city council for confirmation an itemized written report showing such cost, and shall post a copy of the costs on each separate parcel of land.

(Prior code §8-814)

A copy of the report shall be posted for at least three days prior to its submission to the city council on the bulletin board located in City Hall, with a statement of the time of submission.

(Prior code §8-815)

At the time fixed for receiving and considering the report, the city council shall hear it with any objections of the property owners liable to be assessed for the abatement. It may modify the report if it is deemed necessary. The city council shall confirm or reject the report by motion or resolution.

(Prior code §8-816)

The city clerk may receive the amount due on the abatement cost and issue receipts at any time after the confirmation of the report and until July 1st following the confirmation of the report.

(Prior code §8-817)

The cost of abatement in front of or upon each parcel of land constitutes a special assessment against that parcel. After the assessment is made and confirmed, it is a lien on the parcel.

(Prior code §8-818)

Alter confirmation of the report, the city council shall by motion or resolution, assess the cost of same to each parcel of land involved and the city clerk shall certify such assessment to the county assessor and tax collector who shall place the same upon the tax roll for collection as a special tax in addition to the taxes for general revenue purposes and who shall collect the same in the same manner and subject to the same penalties as other city taxes. A certified copy of the report shall be filed with the county auditor on or before July 1st of each year.

(Prior code §8-819)

All weeds shall be removed from parkways, lots and all private property on or before April 1st of each year by the owner of the parcel upon which the nuisance exists, or as often as may be deemed necessary

during the year by the fire chief.

(Prior code §8-820)

Every owner or occupant who fails to remove the public nuisances listed in Section 8.28.010 within ten days following date of request of notice shall be deemed guilty of a misdemeanor.

(Prior code §8-821)