§ 26-03-050. Removal by city.
(a)
Inspections. The code enforcement officer is authorized to inspect any private property or private premises wherein he has cause to suspect that unlawful growth or accumulation of weeds may exist.
(1)
Upon the basis of such inspections, if the code enforcement officer finds that this article has not been complied with, or that a health hazard exists, he shall notify the owner or interested party of the lot or tract where the conditions exist to properly correct such conditions within a designated period of time which shall not be more than thirty (30) days.
(2)
Upon the failure, neglect or refusal of any owner, or interested party to properly correct such conditions within the time prescribed , the city manager or his designee shall contract for the correction of the unlawful growth or accumulation of weeds or order its correction by the city at the expense of the owner or interested party of the lot or tract.
(3)
The cost of such correction shall be the actual cost of correction plus two hundred dollars ($200.00) to cover related costs of inspection, billing and initial filing of a lien on the property as described within this subsection. Said costs shall become a line item charge on the municipal utility bill for such lot or tract, to be paid as consideration for continued municipal water, sewer and/or garbage service. Any account holder receiving a surcharge under this section must pay any and all outstanding current charges on the account and then may request a review of the surcharge. The city manager shall establish a procedure for the review, which will include review by multiple individuals. If the review shows that the transgression was clearly caused by events or circumstances beyond or uncontrollable by the account holder, then the city manager may credit the account for the amount of the surcharge. In addition the cost of such correction shall be a lien on the lot or tract, and shall remain in full force and effect for the amount due plus interest (at the rate of eight (8) percent per annum from the date of the filing of the lien until paid) and all other costs, including attorney fees. Such lien shall be enforced and foreclosed according to applicable state law.
(b)
Emergency condition. Where the code enforcement officer finds that immediate measures are required to alleviate the unlawful growth or accumulation of weeds, the code enforcement officer may waive the notification period in order to take whatever steps are necessary for correction of the condition.
(c)
Costs. Costs for correction of the unlawful growth or accumulation of weeds shall be determined on the basis of man hours required, expendable material used, and vehicle hours calculated at a normal equipment rental rate per day plus any direct costs paid by the city to correct the condition. In addition, two hundred dollars ($200.00) to cover related costs of inspection, billing and initial filing of a lien on the property shall be added to direct and indirect costs as listed within this subsection.
(d)
Notice not required to file action for violation. No notice shall be required and nothing in paragraph (a) of this section shall preclude the filing of an action for a violation of this article.
(Code 1960, § 6-2-33(D); Ord. No. 552, 1-11-77; Ord. No. 587, § 2, 6-12-79; Ord. No. 1082, § 1, 11-23-99; Ord. No. 1240, § 16, 5-10-05; Ord. No. 1261, § 4, 3-28-06; Ord. No. 1398, § 7, 6-14-11)