§ 31-27. Certain weeds, grasses and plants declared a nuisance; exemptions.  


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  • (a)

    Any weeds such as jimson, burdock, ragweed, thistle, cocklebur or other weeds or other invasive species of a like kind found growing on any lot or tract of land in the city, and any weeds, grasses or plants other than trees, bushes, flowers or other ornamental plants growing to a height exceeding 12 inches anywhere in the city, are declared to be a nuisance, subject to abatement as provided in this division. It is unlawful for the owner, lessee, tenant or other person having the possession and control of real property, or responsible for its management, maintenance or upkeep, to permit the growth and accumulation of weeds, grass or other vegetation to a height in excess of 12 inches above the ground.

    (b)

    Garden flowers, vegetables, cultivated agricultural crops, ornamental shrubbery and trees shall not be considered weeds, grass or vegetation within the meaning of this section.

    (c)

    The provisions of this section shall apply only to property located within subdivisions of record in the office of the clerk of the superior court of the county, developed lots within the city, and to the original city lots. They shall not apply to undeveloped areas of unsubdivided land within the city.

    (d)

    For a violation of this section, an owner or resident of property may be given a citation, and, at the hearing on the citation, the municipal court may, in addition to other appropriate penalties under the law, order abatement, pursuant to O.C.G.A. § 41-2-5. The order of abatement may provide that, in the event the owner or resident fails to correct the violation within a specified time period, the city is authorized to cause the violation to be remedied and the cost of the abatement be placed as a lien against the property subject to collection in the same manner as judgements, utility bills and tax collections.

    (e)

    Prior to the commencement of each fiscal year, the city shall obtain bids from contractors or other qualified persons for clearing lots of weeds, grass and other vegetation not in excess of two inches in diameter, and for clearing lots of weeds, grass and other vegetation in excess of two inches but not in excess of four inches in diameter; and the mayor and city council shall award a contract to the lowest and best bidder. Such contract shall remain in effect during the ensuing fiscal year.