(A) (1) On an annual basis in March, the Commissioner may cause a notice to be published, in a newspaper of general circulation in the village, that noxious weeds existing on a property as of May 1 of that year may be cut, mowed or removed by the village, with the property owner charged with the village's actual and administrative costs and expenses in doing so, as many times that calendar year as necessary to keep the property free from noxious weeds.
(2) Such a notice shall also contain the information described in division (B).
(B) (1) The Commissioner shall provide written notice to owners of property upon which noxious weeds exist, and to occupants and agents of owners of the property known to the Commissioner:
(a) To cut, mow or remove the noxious weeds within ten days of the date of the notice;
(b) To thereafter maintain the property free from noxious weeds;
(c) That upon a failure or refusal to do so, that the Commissioner, by village employees or contractors, will enter upon the property and perform the required cutting, mowing or removal;
(d) That payment of the village's actual and administrative expenses incurred in cutting, mowing or removal is the responsibility of the property owners, and is secured by a lien on the property;
(e) That the existence of noxious weeds is a public nuisance; and
(f) Of any public nuisance hearing that may be scheduled before the Village Council under § 95.08.
(2) The notice under this division shall be given by certified mail with return receipt requested, unless the notice under division (A) has been published, in which case the notice may be by first class mail.
(C) If at any time during the remainder of the calendar year, commencing ten days after the mailing of the notice under division (B), noxious weeds exist on a property, the Commissioner shall cause the noxious weeds to be cut, mowed or removed by village employees or contractors as many times that calendar year as necessary to keep the property free from noxious weeds, and after each such cutting, mowing or removal, shall bill the property owners for the village's expenses incurred, consisting of actual costs and expenses and administrative expenses as determined and established by Village Council resolution.
(D) The Commissioner's bill for village expenses shall be paid within 30 days, after which a penalty of 1% per month shall be added and due on any unpaid balance.
(1) Payment of all expenses and penalties shall be secured by a lien on the property as of the date the village first performed work.
(2) The Commissioner's bill shall notify the property owner of the right, within the 30 days allowed for payment, to dispute all or part of the bill by filing a written appeal to the Village Council.
(3) If the Commissioner receives such an appeal, it shall be scheduled for hearing at the next available Village Council meeting.
(4) The Commissioner may also schedule a public nuisance hearing before the Village Council for any noxious weeds conditions that were corrected by the Commissioner on the property for which the bill is being disputed.
(Am. Ord. 160, passed 8-25-97; Am. Ord. 205, passed 6-25-07)