Riter has a berry patch growing in her back lawn and last year had promised the board she would work to clean up the property.
According to Riter, she has cleared out several berry bushes, thinning out the patch by about 75 percent, and kept the lawn mowed.
Trustee Tim Lynn said he does not think the law was meant for situations such as this and there are many other properties that are worse.
"I don't think it's our position to discuss how someone maintains their garden," Trustee Marc Angelillo said. "The fact it's unacceptable to a neighbor, maybe he should have a higher fence. I just don't think this law applies to her."
The board voted 3-2 against charges that a violation existed, with Mayor Bob Green and Trustee Sue Jones voting in favor of the violation.