§ 7-28-120

Weeds – Penalty for violation – Abatement – Lien

a.

Any person who owns or controls property within the city must cut or otherwise control all weeds on such property so that the average height of such weeds does not exceed ten inches.  Any person who violates this subsection shall be subject to a fine of not less than $600 nor more than $1,200.  Each day that such violation continues shall be considered a separate offense to which a separate fine shall apply.

b.

All weeds which have not been cut or otherwise controlled, and which exceed an average height of ten inches, are hereby declared to be a public nuisance.  If any person has been convicted of violating subsection (a) and has not cut or otherwise controlled any weeds as required by this section within ten days after the date of the conviction or finding of liability or judgement, , the city may cause any such weeds to be cut at any time.  In such event, the person who owns or controls the property on which the weeds are situated shall be liable to the city for any and all costs and expenses incurred by the city in cutting the weeds, plus a penalty of up to three times the amount of the costs and expenses incurred by the city.  Such monies may be recovered in an appropriate action instituted by the corporation counselor or in a proceeding initiated by the department of streets and sanitation or the department of health at the department of administrative hearings.  The penalties imposed by this subsection shall be in addition to any other penalty provided by law.

c.

The costs and expenses plus the amount of any applicable penalty incurred pursuant to subsection (b) of this section shall constitute a lien against the affected property if the city, or the person performing the service by authority of the city, in its or his own name, files a notice of lien in the office of the county recorder, or in the office of the registrar of titles if the property is registered under the Torrens System.  The notice of lien shall consist of a sworn statement setting out:

1.

A description of the real estate sufficient for identification thereof;

2.

The amount of money representing the cost and expense incurred by the city or payable for the service plus the amount of any applicable penalty incurred pursuant to subsection (b) of this section;

3.

The date or dates when the cost or expense was incurred by the city.

The notice of lien shall be filed within 60 days after the cost and expense and any applicable penalty is incurred; provided, however, that nothing in this section shall be construed to prohibit the City from collecting any amount of money owed to the City as set forth in the findings, decision and order of an administrative law officer or in a judgment entered by a court of competent jurisdiction or in any other manner permitted by law.

Upon payment, after notice of lien has been filed, of the amount of money representing the cost and expense incurred by the city, plus the amount of any applicable penalty incurred pursuant to subsection (b) of this section, the lien shall be released by the city for filing by the owner at the recorder of deeds.

Nothing in this section shall be construed to prevent the city from acting without notice to abate a nuisance under this section, where such nuisance poses an imminent threat to the public health, safety or welfare or in the event of any other emergency.  Nor shall any provision of this section be construed to deny to any person any statutory or common law right to abate a nuisance, or to prevent the city from seeking any remedy that may be provided by law.  If emergency abatement under this section is required, the city may recover any and all costs associated with such emergency abatement under Section 1-20-020.

(Prior code § 99-9; Amend Coun. J. 12-20-89, p. 10123; Amend Coun. J. 12-4-02, p. 99931, § 4.3; Amend Coun. J. 7-28-10, p. 97912, § 4; Amend Coun. J. 11-16-11, p. 13798, Art. II, § 6; Amend Coun. J. 11-16-11, p. 14596, Art. II, § 1)

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