(a) If the conditions remain on the property after the time allowed by the notice, or if the Village Administrator determines to by-pass the notice procedure, the Village Administrator may refer the matter to the Village Police Department for investigation and action as may be appropriate.
(1) If the Village Police Department or Village Administrator or their designee finds probable cause to believe there is a violation of this chapter, a law enforcement officer of Village Administrator or their designee shall cause a summons to be issued to the owner, tenant or other person having possession of or control over the lot or land to appear in Mayor's Court to respond to the complaint.
(2) Any such summons shall provide that the appearance in Mayor's Court shall be waived if the person so summoned files with the Clerk of Mayor's Court documentary evidence that the underlying conditions have been cured and payment of court costs is made. Such evidence includes, but is not limited to, receipt(s) for cutting, trimming or removal; or a written statement, given under penalty of perjury, that the weeds, vines, grass, tree branches, or tree has been cut, trimmed or removed so as to comply with this chapter.
(Ord. 2010-33. Passed 10-18-10.)
(Ord. 2010-33. Passed 10-18-10.)
(b) The Village Administrator may refer the alleged violation to Village Council before, after, or simultaneous with a notice of violation. The Village Administrator shall include any report of investigation with the referral to Village Council.
(1) Village Council may consider each report referred by the Village Administrator. Village Council may request additional information regarding the alleged violation.
(2) If after considering the relevant information, Village Council finds that:
A. Offensive or noxious weeds, vines or grass in excess of twelve inches high on a lot or lands in the Village have not been cut or removed; or
B. Low-hanging tree branches have not been trimmed; or
C. Diseased, damaged or otherwise dangerous trees have not been removed;
D. The Village Council may cause a written notice of violation to be served upon the owner and the tenant or any other person having possession of or control over the property.
(3) Any such notice of violation shall notify the person to whom it is directed that:
A. There are offensive or noxious weeds, vines or grass in excess of twelve inches high on the property that must be cut or destroyed within five days after service of the notice; or
B. There are low-hanging tree branches on the property that must be trimmed within five days after service of the notice; or
C. There are diseased, damaged or otherwise dangerous trees on the property that must be removed within fifteen days after service of the notice.
(4) Any such notice may be served upon the person to whom it is directed by:
A. Personal service;
B. Certified mail or express delivery service with proof of delivery to the person’s residence or tax mailing address; or
C. By publication, one time in a newspaper of general circulation in the county if the address of the owner or other person in charge of the property is unknown.
(5) A marshal, police officer, Village Fiscal Officer, or a deputy may serve and make a return of service of the notice to remove.
(6) The fees for serving the notice to remove shall be the same as are allowed for service and return of a summons in civil cases before a magistrate.
(Ord. 2007-13. Passed 7-16-07.)
(7) If the owner, tenant or other person having possession of or control over the property which is the subject of a notice of violation, fails to comply with the notice, Village Council may cause the offensive or noxious weeds, vines, or grass in excess of ten inches high, the low-hanging tree branches, or the diseased, damaged or otherwise dangerous trees on the property to be removed, and may employ the necessary labor to perform the task. All expenses of removal or elimination that the Village occurs will be assessed to the property owners.
(8) Village Council may make a written return to the Morrow County Auditor of its action under this chapter with a statement of the charges for its services, the amount paid for performing the labor, the fees of the officers who made the service of the notice to remove and return, and a proper description of the property. Village Council shall provide such information in the form requested by the Morrow County Auditor to enable the Auditor to enter those amounts, when allowed, on the tax duplicate to become a lien upon the property to be collected as other taxes and returned to the Village with the General Fund.
(c) Criminal Penalties.
(2) If the person has been found guilty of a violation of the same section of this chapter within the twelve months prior to the date of a subsequent violation, then the person shall be guilty of a misdemeanor of the third degree for the second violation. For the third violations, within twelve months, then the person shall be guilty of a misdemeanor of the second degree. For the fourth violation within twelve months and all subsequent violations a person shall be guilty of a misdemeanor of the first degree.
(Ord. 2010-33. Passed 10-18-10.)
CODIFIED ORDINANCES OF CARDINGTON