(A) (1) All owners of real estate located within the town limits shall cut and remove rank weeds and other rank vegetation growing thereon to a height of eight inches or more. All parcels/land located within a floodplain, wetlands, woods, or undeveloped areas may be exempted from the above requirements as determined by the Town Manager upon request of a landowner. In determining whether a parcel of land is exempt from the provisions of this section, the Town Manager shall consider the following:
(a) The impact of the exemption upon surrounding property owners in their use of their real estate;
(b) The ecological impact of the exemption, including the potential impact upon wildlife habitat, water quality, air quality, flood control, and erosion control;
(c) The contributory effect of the exemption upon the creation or preservation of green space and natural undeveloped land; and
(d) The general health, safety and welfare of the citizens of the town.
(2) Trees, shrubberies, flowers, ornamental grasses, and agricultural crops, including hay and pasture, exceeding eight inches, are not to be considered weeds or rank vegetation that may be considered a nuisance under § 93.02(G) of this chapter.
(B) The Enforcing Authority is directed and authorized to issue a five-day written notice to the owner to remove such rank weeds or other rank vegetation. Such notice may be served either personally on the owner or sent by certified mail return receipt requested, addressed to his or her last known address, if he or she is nonresident of the town.
(C) If the landowner fails to remove such rank vegetation within the time prescribed, the Enforcing Authority may cause such rank weeds and vegetation to be cut and removed. The Clerk-Treasurer shall make a certified statement of the actual cost incurred by the town in such removal, which statement shall be delivered to the owner of the real estate by a member of the Town Police Department, or by certified mail with a return receipt. The owner shall, within ten days from receipt of such notice, pay the amount to the Clerk-Treasurer.
(D) If the owner fails to pay said sum within the time prescribed, the Clerk-Treasurer shall file a certified copy of the statement of costs in the Auditor’s office of the county, and the Auditor shall place the amount so claimed on the tax duplicate against the lands of the landowner affected by the lien, and the same shall be collected as taxes disbursed to the General Fund of the town.
(Ord. 2014-1, passed - -2014; Ord. 042318, passed 5-14-2018) Penalty, see § 93.99