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Olean Grass Ordinance

Sec. 16-2. Abatement of noxious weeds and grass.

(a) Owner's responsibility. It is hereby declared to be a nuisance for any owner of lands within the city to fail to cut or cause to be cut down all Canadian thistle, milkweed, sweet clover, or other noxious weeds growing on the land of such owner. It shall be the duty of such owner of the land to cut such weeds or cause to be cut, in each year, between June 1 and July 1, and so often as shall be sufficient to prevent the noxious weeds from going to seed.

(b) Height requirements. It is hereby declared to be a nuisance, and it shall be the duty of the owner of lands within the city to cut or cause to be cut, as required, the grass and weeds in such a manner that the weeds and grass shall not exceed eight inches in height at any time between May 1 and October 15 of each year.

(c) Enforcement; notice; lien. The code enforcement office shall have the authority and power to enforce such ordinance and shall notify the owner of the lands affected in the event of a violation. The notice shall be in writing and shall be personally delivered or mailed to the owner of the lands in the manner prescribed for the mailing of notices and mailing of taxes by the city assessor. The notice shall specify the violation and inform the person to whom it is mailed that such person has five days from receipt of the notice to remedy the defect, or the city will cut or cause to be cut all Canadian thistle, milkweed, sweet clover, other noxious weeds, and/or all weeds and grass exceeding eight inches in height with the cost thereof to be charged as a lien to the premises. The owner may be charged with an offense for violating this section.

(d) Owner's failure to remove; city abatement procedure; hearing. If, after notice, the owner of the land fails to cut, or cause to be cut, all Canadian thistle, milkweed, sweet clover, other noxious weeds, and/or all weeds and grass exceeding eight inches in height, from the lot within five days after the receipt of notice from the code enforcement officer, the code enforcement officer may thereafter arrange for the mowing of the premises and the property owner shall be charged with the cost thereof, as provided in this section. Within 30 days of the completion of the work by the city, a notice advising the owner of the property of the cost of such work shall be sent to the property owner who shall have seven days to make a written request for a hearing before the code enforcement officer or his designee. If a hearing is requested, the code enforcement officer shall mail a notice of the time and place of such hearing to the owner of lands within the city in the same manner prescribed for mailing of taxes by the city assessor. Notice of hearing shall set a time and place for the hearing which will be not less than six or more than ten days from the date of mailing of the notice of hearing required under this section. The code enforcement officer or his designee shall hold a hearing at the time and place set forth in the notice of hearing.

(e) Following the hearing, the code enforcement officer or his designee shall make written findings of fact. If it is concluded that this section has been violated, or if there shall have been no request for a hearing made by the owner, the amount provided by subsection (f) of this section shall be charged the owner, become a lien on the affected property, and shall be added to and included with all subsequent tax bills until paid, commencing with the tax bills on May 1, following completion of the work. A notice of this amount shall be sent to the owner of the land and the city clerk. The city clerk shall not accept the city tax on the parcel affected under this section, unless the special lien created pursuant to this section is paid at that time and place.

(f) The code enforcement officer shall keep separate account of all such work done on lots within the city and shall forward such account to the city clerk, who shall file the lien in accordance with city policies and procedures. The charges levied by the city for any such work shall be a minimum of $50.00 or such greater amount actually expended by the city.

(Code 1971, § 14-2; Res. No. 98-90, §§ A--F, 7-24-1990; Res. No. 107-04, 10-26-04)