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(a) Should the nuisance referred to in Section 531.03 not be abated within the time stated in the notice given pursuant to the section, the Mayor or his authorized representative shall have the right to enter upon the premises and to abate the nuisance. In abating any nuisance the Mayor may take such action as is necessary to complete the abatement, and should it be practicable to sell or salvage any material resulting from the abatement, he may cause the same to be sold at public or private sale at the best price obtainable and keep an account of the proceeds thereof. Proceeds shall be deposited in the General Fund and any difference in the amount so received and the cost of the abatement shall be reported to Council, which shall levy an assessment against the premises upon which the nuisance was abated, and cause the assessment to be certified and collected as other assessments by the Municipality.
(b) Should the proceeds of the sale of any material salvaged in the course of the abatement exceed the cost thereof, the amount of the excess shall be paid to the owner or owners of the premises upon filing of a claim thereof and proof of title and right to the surplus.
(c) The Mayor may utilize any labor or equipment of the Municipality in making abatement or may contract for the abatement if the contract may be let without any expense whatever to the Municipality, and/or may publicize for and let bids for the contract.
(Ord. 37-69. Passed 10-20-69.)
This chapter shall be deemed an enlargement and not a limitation or restriction on the power or authority of the Municipality or any officer thereof to take any action or bring any suit or proceeding in respect to public nuisance otherwise provided for by law or ordinance of the Municipality. (Ord. 37-69. Passed 10-20-69.)
(a) The owner, occupant or person having the charge or management of any lot or parcel of land situated within the corporate limits of the Municipality, whether the same is improved or unimproved, vacant or occupied, shall cut or destroy or cause to be cut or destroyed any weeds or rank vegetation growing upon any such lot or parcel of land, and prevent the same from blooming or going to seed or exceeding a height of eighteen inches.
(b) In the event the owner does not cut or destroy weeds, the Street Commissioner shall cause a notice to be served on the owner advising that unless the work is performed within five days it shall be done by the Municipality and billed to the owner.
(c) Notice shall be considered to be given the owner when it is sent by regular mail to the last known or best obtainable address.
(d) After the work is done, the Municipality shall give notice to the owner of the lot or parcel of land, to pay the cost of the trimming or removal of grass or weeds, which notice shall be accompanied by a statement of the cost incurred, and in the event the same is not paid within thirty days after the mailing of the notice, then such amount shall be certified to the County Auditor for collection the same as other taxes and assessments are collected.
(Ord. 37-69. Passed 10-20-69.)
(e) A minimum fee of one hundred twenty-five dollars ($125.00) up to the first hour, and one hundred twenty-five dollars ($125.00) per hour thereafter, prorated at half hour intervals for non-compliance.
(f) After the first notice within the same year to cut weeds in accordance to Section 531.06, the second notice shall have a twenty-five dollar ($25.00) penalty notice; the third notice shall carry a fifty dollar ($50.00) penalty notice, and a fourth notice the Police Department shall issue a citation with a penalty of no more than three hundred dollars ($300.00). (Ord. 31-2018. Passed 1-7-19.)
(a) Whoever violates any provision of this chapter shall be guilty of a minor misdemeanor and fined not more than one hundred dollars ($100.00) for each violation. Each day in which the violation continues shall constitute a separate offense.
(b) Any person, who being able to do so, neglects or refuses to obey a proper order issued by the Mayor or his duly authorized representative pursuant to this chapter shall be guilty of a minor misdemeanor and fined not more than one hundred dollars ($100.00) for each offense. Each and every day of violation after the time specified in any notice provided for in this chapter that a nuisance is permitted to exist shall be deemed a separate and distinct offense.