(a) Cutting and Destroying Weeds or Cutting Grass Over Eight Inches in Length Required.
(1) No owner or occupant of any lot or parcel of land located within the corporate limits shall fail to periodically cut and destroy all noxious or harmful weeds, vines, and cut grass over eight inches in length growing upon such lot or parcel of land. This section shall not apply to growing crops or cultivating plants.
(2) Whoever violates this section shall be deemed guilty of a minor misdemeanor and upon conviction or plea of guilty shall be fined not more than one hundred dollars ($100.00) and costs. A separate offense shall be deemed committed each day during or on which a violation occurs or continues.
(b) Notice to Cut Weeds and Grass; Service.
(1) Upon information that noxious or harmful weeds, vines, or grass over eight inches in length are growing on land within the Village, the Mayor, or any person designated by him, shall cause a written notice to be served upon the owner, lessee, agent or tenant having charge of such land, notifying him that noxious or harmful weeds, vines or grass over eight inches in length are growing on such land and that they must be cut and removed within five days after service of such notice.
(2) Such notice may be served by delivering the same personally to such person if he resides within the corporate limits of the Village, by leaving such notice at his usual place of residence or by sending the same by certified mail addressed to his usual place of residence or to the address listed in the County tax records. If the owner or other person having charge of such land is a nonresident whose address is known, such notice shall be sent to his address by registered or certified mail. If the address of such owner is unknown or if, for any reason, attempted service by any other authorized method is unsuccessful, then it shall be sufficient to publish such notice once in a newspaper of general circulation in the County, in which case, the five day period shall commence from the date of the publication.
(c) Failure to Comply. If the owner, lessee, agent or tenant having charge of the land mentioned in subsection (b) hereof fails to comply with the notice required by such section, the Mayor shall cause such weeds, vines or grass over eight inches in length to be cut and removed and may employ the necessary labor to perform such task. All expenses incurred shall be paid out of the funds appropriated by Council upon vouchers approved by the Mayor. In the event that the owner or other person in charge, thereof fails to pay such expenses within five days after being notified in writing of that amount thereof by the Mayor, such expenses shall be certified by Council to the County Auditor and placed upon the tax duplicate for collection as a special assessment and thereupon shall be collected as other taxes and assessments. Such expenses shall include the cost of preparing and serving notices and of the ownership investigation required. The notification of expense incurred by the Mayor may be made by ordinary mail addressed to the owner at the address listed in the County tax records. The equitable remedy provided in this section shall be in addition to the penalty provided in subsection (a)(2).
(Ord. 870-2005. Passed 6-14-05.)