(a) In the event that any owner of real estate or lots of ground, shall refuse, fail or neglect to cut and remove weeds, grass or brush or to remove the combustible materials in violation of Section 1103.01 within fifteen days from the mailing of the aforesaid notice, then the same may be done by any officer, servant, agent or employee of the City, such officer, servant, agent or employee of the City shall have the right to enter upon the property and remove the weeds, grass or brush or combustible materials which is in violation of this ordinance.
(b) The minimum cost of cutting and removing weeds, grass or brush, or other combustible material shall be one hundred dollars ($100.00) for any one lot or parcel of real estate.
(c) The statement of account for the actual or estimated minimum cost, whichever is greater, of clearing and removing weeds, grass or brush or other combustible material as provided in subsection (a) hereof, shall be presented to the Mayor and Council at any regular or special meeting, and if approved, shall be placed in the hands of the City Treasurer who shall immediately record among his records and enter therein the time and date of such recordation.
(d) The amount of the cost of clearing and removing weeds, grass, brush or combustible material as provided in subsection (a) hereof, shall be the debt of the owner of the lot or parcel of real estate and shall become due and payable when the statement thereof is placed in the hands of the City Treasurer as provided for in subsection (c) hereof. The City Treasurer shall immediately precede to collect such sums pursuant to West Virginia Code 8-13-15.
(e) In addition to the above civil remedies, anyone who violates the provisions of Section 1103.01 and fails or refuses to remove such weeds, grass, brush or combustible materials within the time period set forth in the notice to the person shall be guilty of a misdemeanor and upon conviction thereof, shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00). Each and every day that the owner refuses to remove such weeds, grass, brush or combustible materials, will constitute a separate offense.
(f) It is prohibited for any weeds, grass or brush cuttings to be swept or blown onto sidewalks or into the streets within the City limits of Charles Town. Anyone in violation of this section will be subject to penalties as per subsection (e) hereof.
(Passed 6-6-83; 7-15-96.)