(A) No person owning real estate within the corporate limits of the town shall allow that real estate to become overgrown with grass, weeds, or rank vegetation beyond the height of nine inches or to such an extent that the growth is detrimental to the public health and constitutes a nuisance.
(B) It shall be the duty of the Town Health Officer, or any Deputy Health Officer, upon notification of any such existing condition, to inspect the real estate in question, and if upon inspection the Health Officer or Deputy Health Officer, determines that the real estate is in violation, the Health Officer shall issue a ten-day written notice to remove the grass, weeds, or rank vegetation. Written notice shall be served on the landowner as specified in § 93.16(I).
(C) The town will send the property owner only one notice of violation. Once an initial notice of the violation is provided under § 93.16(I), the town may post a continuous abatement notice at the property at the time of abatement. A continuous abatement notice serves as notice to the property owner that each subsequent violation during the same year for which the initial notice of violation was provided may be abated by the town or its contractors.
(D) If the landowner fails to remove the grass, weeds, or rank vegetation within the time prescribed, the Planning Department and/or the Street Department may remove the grass, weeds, or rank vegetation, and the Town Clerk-Treasurer shall produce a certified statement within ten business days of the cost incurred by the town or a minimum charge of $250, whichever is more, in the removal. There shall also be an administrative fee of $150 for each certified statement. The statement shall be delivered to the owner of the real estate by certified mail, return receipt requested, and the owner(s) shall have not more than 30 days within which to pay the amount to the Clerk-Treasurer.
(E) If the landowner fails to pay the sum within the time prescribed, a certified copy of the statement of costs shall be filed in the office of the County Auditor, and the Auditor shall place the amount claimed on the tax duplicate against the lands of the landowner affected by the work. The amount shall be collected as taxes are collected and when collected shall be disbursed to the appropriate town fund.
(F) Any person receiving a notice of violation as specified in § 93.16(I) to remove grass, weeds, or rank vegetation and does not remove the grass, weeds, or rank vegetation within ten days from the time of the notice commits a Class D ordinance violation and shall be subject to a fine for each day that the failure to comply shall continue in effect subsequent to the date of the notice. The fine shall be $100 per day.
(G) An appeal of the written removal notice must be made in writing, within five days of the date of removal notice to the Town Council, which shall issue its written findings. All appeals from written findings of the Town Council shall be made to courts of competent jurisdiction within ten days.
(1985 Code, § 310-10) (Ord. 139, passed 8-5-1963; Am. Ord. 82-2, passed 8-16-1982; Am. Ord. 89-7, passed 8-7-1989; Am. Ord. 99-19, passed 11-8-1999; Am. Ord. 04-13, passed 9-13-2004; Am. Ord. 09-09, passed 7-13- 2009; Am. Ord. 2012-18, passed 8-13-2012; Am. Ord. 2017-21, passed 12-27-2017) Penalty, see § 10.99