(a) The Building Commissioner is hereby authorized and directed to make surveys during the growing season to determine on what lands in the City noxious weeds, grass, common weeds or other forms of vegetation are being permitted to grow, mature and spread seeds and/or have reached an excessive and unsightly growth; and he shall cause written notice to be served upon the owner, lessee, agent, or tenant having charge of such land, notifying him that noxious weeds and grass are growing on such land and that they must be cut and destroyed within forty-eight hours after such notice is served. Service shall be perfected by any of the following methods:
(1) Personal service;
(2) Certified mail;
(3) Ordinary mail; and/or
(4) Posting on said premises.
If the owner or other person having charge of the land is a nonresident of the City whose address is known, the notice shall be sent by certified or regular mail, in addition to any other method employed. The Building Commissioner or his Deputy or any police officer may make service and return of the notice provided for herein, which shall be duly noted by the Finance Director setting forth the cost of the notice or publication. This notice shall be served only one time during the year. After such service, it will be mandatory for the owner, lessee, agent or tenant having charge of such land to maintain the property or the City shall cause such weeds, grass or other vegetation to be cut all during the growing season.
(b) Upon failure of the owner, lessee, agent, tenant or person having charge of the land to comply with the notice within the period of time stipulated, the Director of Public Service, for and on behalf of Council, shall cause the weeds to be cut and destroyed by the direct employment of labor. When it is deemed necessary to cut and destroy weeds or grasses on private property, in accordance with the provisions of this section, the owner shall be charged at the rate of one hundred fifty dollars ($150.00) per hour or portion thereof, or the actual cost of such work, whichever is the larger. The minimum charge therefor shall be one hundred fifty dollars ($150.00). This remedy shall be in addition to the penalty provided in subsection (d) hereof.
(c) When any such noxious weeds or grasses are cut or destroyed by the City, as provided herein, then after such work is performed, the City shall give five days' notice by regular mail to the owner, occupant or person having the charge or management of such lot or parcel of land, at his/her current or last known address, to pay the cost of such cutting or destroying of noxious weeds or grasses, which notice shall be accompanied by a statement of the amount of cost incurred. If the same is not paid within thirty days after the mailing of the notice, the Brooklyn City Council shall make a written return to the County Auditor of its action, with a statement of the notice and return, and a proper description of the premises. Such amounts, when allowed, shall be entered upon the tax duplicate, shall be a lien upon such lands from the date of the entry, and shall be collected as other taxes and returned to the Municipal Corporation with the General Fund.
(d) Whoever violates any of the provisions of this section is guilty of a misdemeanor of the fourth degree. (Ord. 2021-19. Passed 6-28-21.)