As used in this subchapter “weeds” shall include, but not be limited to burdock, giant ragweed, common ragweed, thistle, cocklebur, jimson, blue vervain, common milkweed, lambsquarter, wild lettuce, curled dock, all varieties of smartweeds, poison hemlock, and wild hemp. (Ord. 8-59, passed 7-6-82)

It is hereby declared to be an offense for any owner of real property within the city to refuse or neglect to cut weeds when such weeds have reached a height in excess of eight inches. (Ord. 8-59, passed 7-6-82)

Every owner of real estate within this municipality shall cut weeds on his property at such times as may be necessary, so that the weeds shall not exceed eight inches in height. If the owner neglects or refuses to cut weeds, so that the weeds exceed eight inches in height, the city may cut the weeds or authorize some person to cut the weeds on behalf of the city. (Ord. 8-59, passed 7-6-82)

(A) If weeds are cut by the city or by someone directed to cut them on behalf of the city pursuant to this subchapter, a notice of lien of the cost and expense thereof incurred by the city shall be recorded in the manner prescribed by this section.
(B) The city or the person performing the service by authority of the city, in its or his own name, may file notice of lien in the office of the county recorder of deeds. The notice of lien shall consist of a sworn statement setting out the following information:
(1) A description of the real estate sufficient for identification thereof.
(2) The amount of money representing the cost and expense incurred or payable for the service.
(3) The date when such cost and expense was incurred by the municipality.
(C) The sworn statement shall be filed within 60 days after the cost and expense is incurred.
(D) In addition to the foregoing remedies, the city may institute any proceedings necessary in any court of law in order to recover, from the owner of any lands upon which the city has authorized the cutting of weeds, all sums expended by the city in maintaining the property in a manner in compliance with the ordinances of the city. (Ord. 8-59, passed 7-6-82)

Upon payment of the costs incurred and the expenses of weed cutting, after notice of the lien has been filed pursuant to this subchapter, the lien shall be released by the city or person in whose name the lien has been filed and the release shall be filed of record in the same manner as filing notice of the lien. (Ord. 8-59, passed 7-6-82)

(A) It shall be the duty of every owner of real estate to mow and maintain the adjacent right-of-way or boulevard to such real estate. It shall also be the duty of every owner of such real estate to properly dispose of the products and results of such mowing and maintenance.
(B) The term “mow” shall mean mowing, the prompt and regular cutting or trimming and keeping cut and trimmed, grass and weeds to a height of not more than four inches. The term “maintain” shall mean removal on a prompt and regular basis all litter as defined in Chapter 98 of the Wilmington City Code. (Ord. 1141, passed 2-4-92)

No person shall plant any tree or bush in any public place, street, or parkway without having secured a permit therefor. Applications for permits shall be made to the clerk and shall be referred by him to the superintendent of streets and sewers before issuance. All trees and shrubs so planted shall be placed subject to the directions and approval of the superintendent of streets and sewers. (‘69 Code, § 91.050) Penalty, see Section 91.99

Cross-reference: Superintendent of streets and sewers, see Sections 32.25 through 32.28

No person shall remove or cut down any tree or shrub in any public place without having secured a permit therefor. Applications for permits shall be made to the clerk and shall be referred to the city council before issuance. (‘69 Code, § 91.055) Penalty, see Section 91.99

No person shall injure any tree or shrub planted or growing in any public place. (‘69 Code, § 91.060) Penalty, see Section 91.99

No person shall attach any sign, advertisement, or notice to any tree or shrub in any public place. (‘69 Code, § 91.065) Penalty, see Section 91.99

(A) Any tree or shrub which overhangs any sidewalk, street, or other public place in the municipality in a way which impedes or interferes with traffic or travel shall be trimmed by the owner of the abutting premises or of the premises on which the tree or shrub grows so that the obstruction shall cease.
(B) Any tree or limb of a tree which is likely to fall on or across any public place or way shall be removed by the owner of the premises on which the tree grows or stands.
(C) The superintendent of streets and sewers may trim any tree or shrub or remove any tree or branch thereof so that obstruction or danger to traffic or passage is removed. (‘69 Code, § 91.070) Penalty, see Section 91.99

(A) No person shall attach any wire or rope to any tree or shrub in any public street, parkway, or other public place without the permission of the city council.
(B) Any person or company which maintains poles and wires in the streets, alleys, or other public places shall, in the absence of provision in the franchise concerning the subject, keep the wires and poles free from and away from any trees and shrubs in such places if possible. They shall keep all the trees and shrubs near the wires and poles properly trimmed, subject to the supervision of the superintendent of streets and sewers, so that no injury shall be caused to the poles or wires or to the shrubs and trees. (‘69 Code, § 91.075) Penalty, see Section 91.99

Any person or company maintaining any gas pipe in the municipality shall keep the pipes free from leaks so that no injury shall be caused to any trees or shrubs. (‘69 Code, § 91.080) Penalty, see Section 91.99

In making excavations in streets or other public places proper care shall be taken to avoid injury to the roots of any tree or shrub wherever possible. (‘69 Code, § 91.085) Penalty, see Section 91.99

Any person, firm or corporation violating any provision in this title, for which another penalty is not provided, shall for a first conviction be fined not less than $25 nor more than $750, for a second conviction within one year thereafter, the person, firm or corporation shall be fined not less than $100 nor more than $750 and for a third or subsequent conviction within one year after the first conviction, the person, firm or corporation shall be fined not less than $250 nor more than $750. A separate offense shall be deemed committed on each day during or which a violation occurs or continues. (Ord. 850, passed 4-6-82; Ord. 1574, passed 7-15-03)