(A) Excessive growth. It shall be unlawful, and is declared a public nuisance, for any owner, lessee or occupant or agent of any owner or occupant having control of any lot or parcel of privately owned land situated in the village to allow or maintain on any lot or parcel of privately owned land any growth of noxious weeds or any growth of other weeds or grass to a height in excess of seven inches, other than ornamental grasses that are customarily and properly cultivated to grow to a height in excess of seven inches.
(B) Noxious weeds. For the purposes of this section, the term NOXIOUS WEEDS includes the following: burdock, ragweed (giant), ragweed (common), thistle, cocklebur, jimson, blue vervain, common milk weed, wild carrot, poison ivy, wild mustard, rough pigweed, lambsquarter, wild lettuce, curled dock, smartweeds (all varieties), poison hemlock and wild hemp, all other weeds defined as noxious weeds by, or under authority of, the laws of the state and all other weeds of a like kind.
(C) Duty to destroy or control. It shall be the duty of all owners and occupants of privately owned land on which noxious weeds are growing to destroy the same before they reach a seed-bearing stage and to prevent the weeds from perpetuating themselves. It shall be the duty of all owners and occupants of privately owned land on which weeds or grasses are growing to a height of more than seven inches to cut the weeds and grasses to a height lower than seven inches.
(D) Notice to owner; destruction by village. The Village Manager shall notify, in writing, the owner, agent or occupant of any lands on which noxious weeds are found growing, or on which other weeds or grasses are found growing to a height of in excess of seven inches, of the fact of the growth. The notice shall contain a statement of the methods of treating and eradicating the noxious weeds or other weeds or grasses and a summary of the provisions of this section. Failure of the Village Manager to give written notice shall not constitute a defense to any action to enforce the payment of any cost or penalty provided for violation of this section. In case any owner, agent or occupant shall refuse or neglect to destroy any noxious weeds or cut other weeds or grasses after written notice transmitted to the owner, agent or occupant by the Village Manager, it shall be the duty of the Village Manager or the Village Manager’s representative to enter upon the lands and to destroy the noxious weeds or cut the other weeds or grasses, or cause the same to be destroyed or cut.
(E) Removal by village; ownership unknown. In the case of property where definite ownership is not known to the Village Manager and cannot be established with reasonable effort, it shall be the duty of the Village Manager to cause the destruction of noxious weeds or cut the other weeds or grasses found upon the property in accordance with the provisions of this section.
(F) Assessment of costs; lien for costs. Any expense incurred by the village in destroying or cutting any weeds or grasses pursuant to this section shall be paid by the owner of the land, and the village shall have a lien against the land for the expense, which lien shall be enforced in the manner provided by law for the enforcement thereof.
(Ord. 766, passed 9-10-1990; Ord. 930, passed 12-14-2004)