(A) General regulation and violation. It is a public nuisance for an owner and/or occupant of a property within the town to cause, suffer, or permit the growth of: grass above ten inches high on all lots that are both undeveloped and nonresidential or above six inches high on all other lots; weeds; noxious, poisonous, or offensive vegetation; or the deposit or accumulation of weeds, or noxious, poisonous, or offensive vegetation, matter, or substance; in or upon any portion of the lots, parcels of ground, or tracts of land.
(B) Relationship with other ordinances. This section shall have no effect on § 90.06. A penalty under this section shall be separate, independent, and in addition to any penalty assessed under any other ordinance in effect.
(C) Abatement.
(1) Whenever any nuisance shall be found to exist which is referred to in division (A) above, the Clerk-Treasurer is authorized to serve notice in writing upon the owner, occupant, agent, or person in possession or control of any structure, lot, thing, building, or premises in or upon which any such nuisance may be found, or upon the person owning or causing any such nuisance requiring abatement of such nuisance. Said notice may be made by certified mail or by posting on the property.
(2) Said notice shall provide the person owning or causing any such nuisance ten days from receipt or the posting of said notice to abate said nuisance.
(3) In the event of refusal or neglect on the part of the notified offender to obey such order within the time limit named in the order, the Clerk-Treasurer shall have the power and authority to cause to be removed and abate the unlawful conditions thereof which shall be paid from the Treasury upon sworn vouchers of such person and the cost and expenses, as detailed in division (D) below, shall be a lien on the property to be placed on the expense of the owner or occupant. If the person fails to pay the charge for such expense, the Clerk-Treasurer may, after the charges have gone unpaid for a period of six months, certify the amount due of such charge from each person to the Auditor, and the amount of such charge shall be placed upon the duplicate by the Auditor and collected as taxes are collected.
(4) Each time the Clerk-Treasurer exercises the power to abate a nuisance described in this division (C), it shall constitute an enforcement against the violation of any other ordinance in effect.
(D) Abatement costs and expenses. If the Clerk-Treasurer exercises the power to abate the nuisance in division (C) above, the violator shall be charged the entirety of the costs and expenses associated with such process. These costs shall include reasonable expense for the total labor costs of all parties involved with abating the nuisance, in addition to materials, mileage, fuel, and all other expenses necessary to abate the nuisance. This division (D) shall be separate, independent, and in addition to any costs or expenses assessed under any other ordinance in effect.
(Ord. 2012-497, passed 6-21-2012; Ord. 2018-570, passed 8-13-2018) Penalty, see § 90.99