The following provisions shall apply in cases where removal of nuisance weeds from a premises is sought in addition to, or in place of, prosecution for violation of section 4-2-2 of this chapter:
A. Notice Of Violation: Written notice of violation shall be served upon the owner, owner's representative, contract purchaser or occupant, directing that said nuisance weeds shall be cut and removed from the premises within ten (10) days, or the town will cause said nuisance weeds to be removed, with cost thereof to be charged against owner, owner's representative, contract purchaser or occupant. Notice of violation shall be made by posting a copy of said notice on the premises and by mailing a copy of said notice to the owner, owner's representative, contract purchaser or occupant by first class United States mail. Said notice shall be deemed complete on the day the notice is posted or mailed.
B. Action Upon Noncompliance:
1. Upon the failure, neglect or refusal of any owner, owner's representative, contract purchaser or occupant to exterminate or remove such nuisance weeds growing, lying or located upon the property or upon one-half (1/2) of any road, street or alley lying next to the lands, or any boulevard abutting thereon, before the date specified in the notice described in subsection A of this section, or at any time after the specified date that such weeds reach a height of eight inches (8") and remain in that manner for a period of seven (7) days, the town is hereby authorized to exterminate or remove such nuisance weeds. A fee as provided in the fee schedule appendix on file in the town office shall be charged for nuisance weed extermination work performed by the town. If the cost of such extermination and removal are not paid forthwith, then the total costs shall be assessed against the lot or parcel of land from which or adjoining which the nuisance weeds shall have been exterminated or removed.
2. Each year, the town clerk-treasurer shall prepare a resolution containing a list of all lots and parcels of land in the town from which, and adjacent to which, the weeds were exterminated or removed, which list shall contain opposite the number of such lots or description of such parcels of land, the name of the owner or owners, if known, and the amount of the costs as reported to the clerk-treasurer for exterminating or removing such nuisance weeds. The town clerk-treasurer shall present a resolution to the town council with the vouchers in support of each removal or extermination, and when the same is passed by the council and approved by the mayor in the same manner as other resolutions or special assessments, the assessments therein provided shall be a lien upon and against the lots or parcels of land. A copy of the resolution shall be certified to the county treasurer by the town clerk-treasurer for collection in the same manner as other taxes.
C. Access To Premises: Any and all officers charged with enforcement of this chapter may go upon the lands infested with nuisance weeds, or suspected thereof, for any purposes necessary to such enforcement.
D. Penalty Enforcement: The removal of said nuisance weeds and the assessment of the costs thereof as provided in this section shall not prevent the enforcement of the penalties provided in section 4-2-6 of this chapter. (2014 Code)