(A) (1) The Chief of Police or his or her designated representative, shall be charged with the administration and enforcement of this subchapter. The Chief of Police, or his or her designated representative, shall notify, in writing, the owner, occupant or agent in charge of any premises in the city upon which weeds exist in violation of this subchapter, by certified, return receipt requested mail or by personal service, once per calendar year.
(2) Whenever there is personal service of the notice, a copy of the notice shall also be mailed by certified, return receipt requested mail to the owner. If notice by personal service or certified mail is unsuccessful, notice shall be given by either publication in a newspaper of general circulation in the city or by posting the notice on the lot or ground upon which the nuisance is to be abated and removed.
(B) The notice shall include the following:
(1) The owner, occupant or agent in charge of the property is in violation of this subchapter;
(2) The owner, occupant or agent in charge of the property is ordered to cut the weeds within ten days from mailing or personal service of notice;
(3) The owner, occupant or agent in charge of the property may in writing file a request with the office of the City Clerk for a hearing before the City Administrator within five days after receipt of the notice. If a hearing is properly requested, then:
(a) The hearing on the appeal shall be held within 14 days after the filing of the appeal; and
(b) Within five business days after conclusion of the hearing, the City Administrator shall render his or her decision.
(4) If within five days after receipt of the notice the owner, occupant or agent in charge of the property does not request a hearing or does not cut the weeds, the city or its authorized agent will cut the weeds and assess the cost of the cutting, including a reasonable administrative fee, against the owner, occupant or agent, in charge of the property. Charges for weed cutting when done by the city are set by resolution;
(5) The owner, occupant or agent in charge of the property will be given an opportunity to pay the charges as described above and, if not paid, the charges will be added to the property tax as a special assessment or shall be filed with the Register of Deeds office as a lien against the property;
(6) Only one notice of violation needs to be given as described above during the calendar year; and
(7) The Chief Building and Code Inspector or his or her designated representative(s) should be contacted if there are any questions regarding the order.
(C) Service on nonresidents or absentee owners shall be made by posting a copy of the notice of abatement letter on the property involved.
(D) Absentee landowners, to include firms, corporations or businesses, are required to designate to the Chief Building and Code Inspector, or his or her designated representative(s), a curator to facilitate enforcement of nuisance violations.
(Prior Code, § 92.42) (Ord. 90-2, passed 5-7-1990; Ord. 01-22, passed 4-2-2001; Ord. 09-12, passed 4-20-2009; Ord. 22-02, passed 3-7-2022)