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ORDINANCE NO, 4239 -58 <br />AN ORDINANCE PROTECTING THE PUBLIC HEALTH, PROVIDING <br />FOR THE CUTTING OF WEEDS AND DISPOSAL THEREOF, IN- <br />CLUDING NUISANCES. AND PROVIDING FOR THEIR ABATEMENT <br />AND MATTERS RELATING THERETO,' (� <br />WHEREAS, it is imperative and urgent for the preservation of <br />health, safety and sanitation that proper and adequate regulations be adopted <br />to govern the cutting of weeds, grass, or deleterious, unhealthful growths, <br />or other noxious matter. <br />NOV, THEREFORE, BE IT ORDAINED by the Common Council of the City <br />of South Bend that Ordinance No. 2339 be amended to read as follows: <br />SECTION I: It shall be unlawful for the owner of any lot, place <br />or area within the City, or the agent of such owner, to permit or <br />allow to remain on such lot, place or area, or upon the sidewalk <br />abutting the same, any weeds, grass, or deleterious, unhealth- <br />ful growths, or other noxious matter, that may be growing, lying <br />or located thereon. <br />SECTION II: The Health Department is hereby authorized and <br />empowered to notify, in writing, the owner of any such lot, place <br />or area within the City, or the agent of such owner, to cut, destroy <br />and /or remove any such weeds, grass, or deleterious, unhealthful <br />growths, or other noxious matter, found lying or located on such <br />owner's- property, or upon the sidewalk abutting same. Such notice <br />shall be addressed to said owner, or agent of said owner, at his <br />last known address. <br />Upon the failure, neglect or refusal of any owner, or agent of owner, <br />so notified, to cut, destroy and/or remove weeds, grass, or dele- <br />terious, unhealthful growths, or other noxious matter, growing, <br />lying, or located upon such owner's property, or upon the sidewalk <br />abutting same, within five (5) days after receipt of the written notice <br />provided for in the above paragraph, or within five (5) days after the <br />date of notice, in the event same is returned to the City Post Office <br />Department because of inability to make delivery thereof, providing <br />the same was properly addressed to the last known address of such <br />owner,_ or agent, the Health Department is hereby authorized and <br />empowered to pay for the cutting, destroying and /or removal of <br />such weeds, grass, or deleterious, unhealthful growths, or other <br />noxious matter, or to request the removal through the Street <br />Commission or Street Commissioner of the City of South Bend. <br />This Ordinance is to be amended as follows: Wherever the ordinance mentions <br />weeds and grass, there shall be added thrreto "over 12 inches high.@ <br />