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    Sec. 26-28.7. Application for Removal of Weeds.

     

    Sec. 26-28.7. Application for removal of weeds.
     
    (a) Whenever any person believes that the provisions of this article are being violated, such person can make written application to the department of community planning and development and the department shall examine the condition of the property described in such application. If the department of community planning and development determines that the provisions of this article are being violated, the owner/occupant of the offending property shall be given notice as provided in section 26-28.5 of this article and shall be requested to remove the weeds from the property within ten (10) calendar days of the delivery or mailing of the notice.
     
    (b) If the owner of the property cannot be found within the city after a reasonable search, notice shall be sent by registered mail, return receipt requested, to the last known address of the owner as provided in section 26-28.5 of this article and a copy of the notice shall be posted on the property in a conspicuous place and such procedures shall be deemed the equivalent of personal service.
     
    (c) If the owner/occupant of the property does not cut the weeds within ten (10) calendar days of the delivery or mailing of the notice or within ten (10) calendar days of the posting of the notice, whichever period is greater, the department of community planning and development shall declare the property to be "neglected property," and such designation shall remain in full force and effect until the owner gives the department of community planning and development adequate assurances that the property will be properly maintained in regard to weeds in the future.
     
    (d) Once the department of community planning and development designates a parcel of property to be "neglected property," the person or organization that made application to the department shall be authorized to go onto the property as an agent of the city at the applicant's sole cost and expense to cut, remove and restrict the future growth of the offending weeds. The applicant shall be responsible for taking all precautions necessary to cut, remove and restrict the growth of offending weeds in a safe and proper manner. Chain saws shall not be used unless specifically authorized by the department of community planning and development.
     
    (e) Neither the city, or its employees and officials shall be liable for any damages or injuries caused by cutting, removing or restricting the future growth of weeds from a "neglected property" and shall not be liable for any damages, injuries or expenses incurred by any applicant or any other person in cutting, removing or restricting the future growth of weeds.
     
    (f) The provisions of this article shall not authorize an applicant to enter onto property to remove trees or shrubbery unless the branches, limbs, or other parts of the trees or shrubbery extend or protrude onto private property in a manner which constitutes a danger to citizens or property or where the limbs or branches are likely to fall in such a manner as to endanger private citizens or property. If the department of community planning and development determines that the trees or shrubbery constitute a danger to private citizens or property, the applicant may be authorized to cut and remove such trees and shrubbery that have been designated for removal by the department of community planning and development in accordance with the provisions of this article. (Ord. No. O-94-113, 5-24-94, eff. 6-1-94; Ord. No. O-00-163, 8-8-00)
     
    Last updated date: 10/23/2006 4:15:21 PM