§ 18-166. Owners required to keep lots of free of weeds, etc.; procedure for abatement.

(a)

Rubbish, brush, stagnant water, sinks, filth, carrion, or any other unwholesome, unsightly, unsanitary, or objectionable matter. Every owner, part owner, joint owner, or owner of any interest whatever, hereinafter referred to as the owner, in real estate which is located within a subdivision, either recorded or unrecorded, within the city; or which real estate is open acreage located within 200 feet of any residence, if same be occupied, or commercial establishment; or within 200 feet of any dedicated street right-of-way, shall keep such property free of rubbish, brush, stagnant water, sinks, filth, carrion or any other unwholesome, unsightly, unsanitary or objectionable matter.

(b)

Weeds prohibited. Every owner shall keep his property free from weeds, in accordance with the following regulations:

(1)

Weeds defined. The term "weeds" means uncultivated vegetable growth or matter, including grasses, which has grown to a height of more than 12 inches. Cultivated crops, plants, or grasses must be farmed or managed in accordance with customary area practices. Property or parcels which have an area coverage of 50 percent or more in wildflowers or wildflower seed heads are not included within this definition until such time as seeds have matured following the final blooming of the majority of the plants, but in no case later than August 1 of the calendar year.

(2)

Parcels larger than four acres. Parcels larger than four acres which have prohibited weeds present must be cut (i.e., the weeds must be controlled,) for a distance of 25 feet back from the curb, or the edge of the road surface if there is no curb.

(3)

Defenses to prosecution. It shall be a defense to prosecution for violation of this subsection (b) if the owner can prove that:

a.

Weather conditions have totally prevented cutting or controlling the weeds; or

b.

The property or parcel has been mowed or the weeds controlled within the previous 30 days.

(c)

Work or improvements by city; notice. If the owner of property in the city does not comply with this section within ten days of notice of a violation, the city may do the work or make the improvements required and pay for the work done or improvements made and charge the expenses to the owner of the property. The notice of violation must be given:

(1)

Personally to the owner in writing;

(2)

By letter addressed to the owner at the owner's post office address; or

(3)

By publication at least twice within ten consecutive days if personal service cannot be obtained or the owner's post office address is unknown.

(d)

Assessment of expenses; lien. The city council may assess expenses incurred against the real estate on which the work is done or improvements made. To obtain a lien against the property, the city manager, municipal health authority, or other city official designated by the city manager must file a statement of expenses with the county clerk. The lien obtained by the city is security for the expenditures made with interest accruing at the rate of ten percent on the amount due from the date of payment by the city. The lien is inferior only to:

(1)

Tax liens; and

(2)

Liens for street improvements.

(e)

Foreclosure. The city council may bring a suit for foreclosure in the name of the city to recover the expenditures and interest due.

(f)

Statement of expenses. The statement of expenses or a certified copy of the statement is prima facie proof of the expenses incurred by the city in doing the work or making the improvements.

(g)

Remedy cumulative. The remedy provided by this section is in addition to other remedies available to the city.

(Code 1978, § 15-9; Code 1993, § 30-159; Ord. No. 92-12, § 2.0, 7-20-1992; Ord. No. 2012-03, § 1, 4-2-2012; Ord. No. 2012-13, § 1, 6-18-2012)