(a) (1) Any person who owns or has charge of land within the Municipality shall keep such property free and clear from all noxious weeds and shall be required to cut all such noxious weeds on the lot or lots owned or controlled by him or her. In addition, weeds or grass which exceeds eight inches in height shall be cut. Such plants, grass, weeds and vegetation shall be cut, trimmed and maintained to provide a front yard depth of at least fifty feet, two side yards with a width of at least twenty-five feet and a rear yard with a depth of fifty feet. Whenever a lot does not have sufficient area to meet these minimum requirements, the required yards shall terminate at the property line.
(2) Upon information that noxious weeds are growing on land within the Municipality and are about to spread or mature seeds, or that weeds or grass present on such land exceeds eight inches in height, written notice shall be provided to the owner and person having control of such land that noxious weeds are growing upon such land, or that weeds or grass upon such land exceeds eight inches in height and that the same must be cut and/or destroyed within five days of the receipt of such notice. The written notice shall be sent by certified mail, return receipt requested; sent by registered mail to the proper address; or hand delivered to a resident of the property. In addition, notice may also be provided by placing a single notice in a newspaper of general circulation within the Municipality.
(3) If the owner or person having charge of the land mentioned in subsection (2) hereof fails to comply with the notice to cut and/or destroy such weeds or grass, the Mayor shall cause the weeds or grass to be cut and/or destroyed by employing the necessary labor and equipment to perform such tasks. In such event, all expenses incurred therefore shall, when approved by Council, be paid out of moneys in the Municipal Treasury not otherwise appropriated and charged back to the owner of the lot as designated below.
The charge for cutting and/or destroying the weeds or grass shall be one hundred dollars ($100.00) per man-hour and shall be charged back to the owner of the lot.
(4) After the weeds or grass described in subsection (3) hereof have been cut and/or destroyed by the Municipality, the Administrative Clerk shall send a statement to the owner of the lot demanding payment for the costs incurred by the cutting and/or destroying such weeds or grass. If payment is not received by the Municipality within thirty days from the date of mailing such notice, a penalty of one hundred dollars ($100.00) shall be imposed upon the owner of the lot and added to the above charges. Council shall then make a written return to the County Auditor of its action under subsections (2) and (3) hereof, showing the total charges for postage and/or placing the aforesaid notice to the newspaper, if any, together with a proper description of the premises upon which these services were preformed. Such amounts shall be entered upon the tax duplicate, shall be a lien upon the lot from the date of entry and shall be collected as other taxes are collected and returned to the Municipality by the County Auditor. Such remedy shall be in addition to the penalty provided in subsection (3) hereof.
(Ord. 18-2004. Passed 9-8-04.)
(b) No person shall plant, grow, or maintain any shade tree or trees or shrubbery which will obstruct the proper distribution of light from street lamps or which will obstruct the view of traffic approaching an intersection by operators of vehicles approaching the intersection from another direction.
(1) All trees shall be trimmed so as to have a clear height of twelve feet above the surface of the road or roadway, and the branches of all trees in front of and along lots or lands near which street lights are placed shall be trimmed so as not to obstruct the free passage of light from the street lights to the street.
(2) Whenever the Street Commissioner, Building Inspector, Zoning Inspector, Fire Chief, Police Chief, or any police officer become aware that any land or premises within the Village is being maintained in a manner which constitutes a violation of subsection (b)(1) hereof, that official shall cause written notice to be served on the owner, lessee, agent or tenant having charge of such property, notifying him that he is maintaining his land in violation of subsection (b)(1) hereof and that the tree or shrubs must be cut or trimmed within five days after receipt of the notice. If the owner or person having charge of such land is a nonresident whose address is known, such notice shall be served to his address by registered mail; if unknown, it shall be sufficient to serve such notice by posting it at the premises involved.
(3) Notice set forth above shall be served by the Chief of Police, or any police officer of the Village.
(4) If the owner or person having charge of such land fails to comply with such notice, the Street Commissioner shall cause such tree or shrubs to be cut, trimmed and/or destroyed. All expenses and labor costs incurred shall, when approved by Council, be paid out of Municipal funds not otherwise appropriated.
(5) The Village, through the Fiscal Officer shall make a written return of the action to the County Auditor with a statement of the charges for services, amount paid for labor, and other reasonable expenses, along with a proper description of the premises. Such amounts, when allowed, shall be entered upon a tax duplicate and be a lien upon such land from and after the date of entry and be collected as other taxes and returned to the Municipality or the general fund.
(c) Whoever violates any provision of this section is guilty of a misdemeanor of the fourth degree and shall be punished accordingly in addition to assessment of costs as provided for in this section.
(Ord. 49-1983. Passed 10-12-83.)