(A) Notice by publication.
(1) In addition to all other forms of public notification currently utilized by the village, the village shall cause a public notice to be published in a newspaper of general circulation in the village once per week for two consecutive weeks in the month of April of each year.
(2) The notice shall be published in advertising format in the following form or in a substantially similar form:
VILLAGE OF BOWEN PUBLIC NOTICE OF NUISANCE VIOLATIONS AND ABATEMENT RELATING TO WEEDS, GRASS AND OTHER VEGETATION The Village of Bowen requests that Bowen property owners and residents take notice of the following provisions set forth in its nuisance regulations concerning allowable vegetation: 1. All noxious weeds are declared a nuisance. 2. All weeds and grass that are allowed to grow to a height of 7” or more are declared a nuisance. 3. All shrubbery and other vegetation that grows or stands or is uncontrolled on property so as to constitute an obstruction to the traveling public are declared a nuisance. If a village representative observes a nuisance, it will enter the property to verify the violation and will send a written notice to the owner and occupant that describes the nuisance and directs them to remove the nuisance by a specific date. If the nuisance is not removed by that date, or if the person receiving notice does not contact the village before the deadline and obtain an extension, the village may remove the nuisance. If the village removes the nuisance, its costs will be the responsibility of the owner and occupant. If a second or subsequent violation occurs within a 12-month period, the village may take action to abate the nuisance without sending notice to the owner and occupant, and the same fines, costs, and penalties will be assessed. The village also may initiate an ordinance violation action in the Circuit Court of Hancock County, and shall be allowed to recover all fines, costs and penalties, and any attorney fees incurred in the prosecution of the action. |
(B) Written notice to owner and occupant.
(1) When a nuisance described in this subchapter is observed or reported to the village, the village (by a designated person or persons) shall issue to the owner and occupant of the property a written notice entitled “notice to abate nuisance”. The notice shall identify the property, describe the nature of the nuisance and direct the owner and occupant to abate the nuisance or obstruction by a specific date.
(2) (a) If a second or subsequent violation occurs within a 12-month period, the village may take action to abate the nuisance without sending notice to the owner and occupant, and the same fines, costs and penalties will be assessed.
(b) The village also may initiate an ordinance violation action in the Circuit Court of the county, and shall be allowed to recover all fines, costs and penalties and any attorney fees incurred in the prosecution of the action.
(3) The “notice to abate nuisance” shall contain the following warning, or a substantially similar warning:
WARNING In addition to the public notice published in the newspaper during April of this year, and any other forms of public notification, this notice may serve as the village’s sole notice to you that, if there are any additional occurrences of the growth of weeds and grass of seven inches or more in height, the village may come upon your property to investigate and remove that nuisance, and the owner and occupant will be assessed the cost of abatement without any additional or further notice. |
(C) Service of notice.
(1) If the property in violation is occupied, then the notice of violation shall be served upon the occupant by personal service or by mail (with delivery confirmation). If the occupant is not the owner, a copy of the notice also shall be served upon the owner by personal service or by mail (with delivery confirmation).
(2) However, if the property is unoccupied or vacant, then the notice shall be served upon the owner by mail (with delivery confirmation) at his or her last known address. If the owner’s address is unknown, then the notice shall be served by posting it on the property.
(Ord. 268, passed 3-9-1994; Ord. 418, passed - -2019)