§ 23-50. Accumulations of trash, garbage, etc., or excessive growth of weeds or grass.

(a)

Upon determination by the director of housing and neighborhood preservation, the code enforcement administrator, or any inspector of the department of housing and neighborhood preservation, whether temporarily or permanently employed as such, that there exists upon any land or premises within the city, including the area between such land or premises and the nearer of (i) the curb line, including a sidewalk if one is present, (ii) a sound wall, or (iii) the edge of the pavement of any public street abutting such property in the absence of a curb or sound wall any trash, garbage, refuse, litter or similar substances, except as may be placed thereon for purposes of collection in accordance with chapter 31 of this Code, notice shall be served on the owner of such land or premises or his or her agent, or on the occupant thereof, or both, to cause such trash, garbage, refuse, litter or similar substances to be removed from such land or premises within seven (7) days from the date of such notice. For purposes of this section, "sound wall" means a wall or other noise attenuation structure installed as part of a city, state, or federally funded road project.

(b)

Except as provided in subsections (e) and (f) hereof, upon determination by the director of housing and neighborhood preservation, the code enforcement administrator, or any inspector of the department of housing and neighborhood preservation, whether temporarily or permanently employed as such, that there exists on any land or premises within the city, including the area between such land or premises and the nearer of (i) the curb line, including a sidewalk if one is present, (ii) a sound wall, or (iii) the edge of the pavement of any public street abutting such property in the absence of a curb or sound wall, any grass, weeds, brush or similar vegetation in excess of ten (10) inches in height, notice shall be served on the owner of such land or premises or his or her agent, or on the occupant thereof, or both, to cause such grass, weeds, brush or similar vegetation to be cut and removed from such land or premises within seven (7) days from the date of such notice.

(c)

Service of the notice provided for in subsections (a) and (b) shall be by first-class mail, personal delivery or posting in a conspicuous place upon the land or premises; provided, however, that if the land or premises are unoccupied and the owner or his or her agent cannot be found by the exercise of due diligence or are unknown, such notice shall be sufficient against the owner if given by first-class mail to the owner's last known mailing address and posted in a conspicuous place upon the land or premises. The code enforcement administrator and inspectors of the department of housing and neighborhood preservation are hereby authorized to deliver or post such notices. One notice (as provided for in subsection (b)) per growing season is hereby deemed reasonable notice to owners of vacant developed or undeveloped property to authorize the city to remove or contract for the removal of any excessive growth of grass, weeds, brush or similar vegetation for the entire growing season.

(d)

Failure to comply with the terms of a notice issued and served as provided in this section within the time prescribed in such notice shall constitute a Class 4 misdemeanor. In addition to any penalties imposed hereunder, the city may institute legal action to enjoin the continuing violation of this section and may remove or contract for the removal of such trash, garbage, refuse, litter or similar substances or grass, weeds, brush or similar vegetation, in which event the cost and expenses thereof, including an administrative fee in the amount of one hundred fifty dollars ($150.00), shall be chargeable to and paid by the owner or occupant of the land or premises. Any such charge which is not paid within thirty (30) days of the date on which it is billed to the owner of such land or premises shall constitute a lien upon the property and may be collected in any manner provided by law for the collection of taxes; provided, however, that no such lien shall be valid against any owner of land or premises who was not served with the notice prescribed in subsection (a) or (b) hereinabove, as the case may be.

(e)

The provisions of subsection (b) shall not apply to any parcel of land zoned for or in active farming operation.

(f)

The provisions of subsection (b) shall not apply to the following areas:

(1)

Portions of undeveloped lots, parcels or tracts of land which are not located within one hundred fifty (150) feet of a paved road;

(2)

Portions of undeveloped lots, parcels or tracts of land which are not located within one hundred fifty (150) feet of any other property, developed or undeveloped, located in a Residential, Apartment, Business, Office, Resort Tourist or Industrial Zoning District;

(3)

Portions of undeveloped lots, parcels or tracts of land which are inaccessible to power mowing equipment;

(4)

Areas required by the Chesapeake Bay Preservation Area Ordinance [appendix F] or the Southern Watersheds Management Ordinance [appendix G] to be vegetated;

(5)

Vegetated wetlands, as defined in the Wetlands Zoning ordinance [appendix A, article 14];

(6)

Nontidal wetlands located within Resource Protection Areas;

(7)

Coastal primary sand dunes;

(8)

State-designated Wildlife Habitat Areas;

(9)

Banks of detention ponds, streams, and other bodies of water, natural or manmade;

(10)

Banks of drainage easements;

(11)

Wooded areas, including understory vegetation; and

(12)

Any other area required to be vegetated by reason of the application of the City Zoning Ordinance [appendix A], Subdivision Ordinance [appendix B], Site Plan Ordinance [appendix C], Stormwater Management Ordinance [appendix D], Chesapeake Bay Preservation Area Ordinance [appendix F], Southern Rivers Watershed Management Ordinance [appendix G], or any other ordinance or provision of law.

(g)

As used in this section, the term "developed" shall refer to any lot, parcel or tract of land upon any portion of which there has been placed any building, structure or other improvement or upon any portion of which there has been any land-disturbing activity, including, without limitation, paving, filling, grading, dredging, clearing or excavating.

(Code 1965, §§ 17-25, 17-26, 17-28, 17-30—17-32; Ord. No. 1016, § 17-12(A), 1-14-81; Ord. No. 1232, 11-2-81; Ord. No. 1750, 12-7-87; Ord. No. 1918, 10-2-89; Ord. No. 1952, 5-7-90; Ord. No. 2197, 12-8-92; Ord. No 2469, 1-13-98; Ord. No. 2645, 6-26-01; Ord. No. 3015, 5-13-08; Ord. No. 3140, 6-22-10; Ord. No. 3373, 9-16-14; Ord. No. 3385, 12-9-14; Ord. No. 3536, 3-20-18; Ord. No. 3599, 9-17-19)

Cross reference— Solid waste, Ch. 31.

(Code 1965, §§ 17-25, 17-26, 17-28, 17-30—17-32; Ord. No. 1016, § 17-12(A), 1-14-81; Ord. No. 1232, 11-2-81; Ord. No. 1750, 12-7-87; Ord. No. 1918, 10-2-89; Ord. No. 1952, 5-7-90; Ord. No. 2197, 12-8-92; Ord. No 2469, 1-13-98; Ord. No. 2645, 6-26-01; Ord. No. 3015, 5-13-08; Ord. No. 3140, 6-22-10; Ord. No. 3373, 9-16-14; Ord. No. 3385, 12-9-14; Ord. No. 3536, 3-20-18; Ord. No. 3599, 9-17-19)

Cross reference

Solid waste, Ch. 31.