§ 11-105. Weeds and other vegetation.

(a)

It shall be unlawful for any person who owns or occupies property within the city to permit any grass, plant, bushes, weeds or any other vegetation 12 inches high or over, other than trees, shrubbery, agricultural plants, garden vegetables, flowers or ornamental plants, to exist on such property.

(b)

It shall be unlawful for any person who owns or occupies property within the city to permit the existence on such property of any live or dead hedge, shrub, tree or other vegetation, any part of which extends or protrudes into any street, sidewalk, public right-of-way, grass strip or alley so as to obstruct or impede or threaten the safe and orderly movement of persons or vehicles.

(c)

It shall be unlawful for any person who owns or occupies property within the city to permit any grass, plants, bushes, weeds or any other vegetation 12 inches high or over, other than trees, shrubbery, agricultural plants, garden vegetables, flowers or ornamental plants, to exist on any sidewalk, public right-of-way, or grass strip adjacent to such property or unimproved street or alley (to the centerline of such unimproved street or alley).

(d)

It shall be unlawful for any person who owns or occupies property within the city to fail to remove fallen trees, detached limbs, or branches, the accumulation of which is offensive, unwholesome, and unsightly.

(e)

Violations of this section shall be subject to a civil penalty, not to exceed $50.00 for the first violation, or violations arising from the same set of operative facts. The civil penalty for subsequent violations not arising from the same set of operative facts within 12 months of the first violation shall not exceed $200.00. In no event shall a series of specified violations arising from the same set of operative facts result in civil penalties that exceed a total of $3,000.00 in a 12-month period. In the event three civil penalties have previously been imposed on the same defendant for the same or similar violations, not arising from the same set of operative facts, within a 24-month period, then such violations shall be a Class 3 misdemeanor, which shall not also be classified as a civil penalty.

(Code 1993, § 19-54; Code 2004, § 38-154; Ord. No. 2015-191, § 1, 1-11-2016)

(Code 1993, § 19-54; Code 2004, § 38-154; Ord. No. 2015-191, § 1, 1-11-2016)