(A) (1) In the event the owner, agent or occupant of any lot, lots or any parcel of property to which this chapter applies, shall fail or refuse to comply with the provisions of § 95.05, then after ten-days' notice to the person, firm or legal entity of the fact of a violation of § 95.05, by certified mail, return receipt requested, in substantially the form set forth in this chapter, then the Commissioner of Noxious Weeds of the township may cause any officer, inspector, agent or employees of the township to enter upon the lot, lots or parcel of property, and cut and destroy any and all noxious weeds located thereon. In the discretion of the Commissioner of Noxious Weeds, or any officer, inspector or employees of the township, he or she may authorize the destruction of the noxious weeds by and/or mechanical means, and all due care shall be taken to avoid unnecessary damage to any lot, lots or parcels of property. The owner, agent or occupant of the lot, lots or parcels of property, within the township shall be liable for all costs incurred by the township in connection with the cutting and destruction.
(2) From the time of the commencement of the cutting and destruction of the noxious weeds, the township shall have a lien upon the lot, lots or parcels of property, and in the event the charges involved are not paid by the owner, agent or occupant of the lot, lots or parcels of property, within 30 days from the date of billing, the person by registered or certified mail, return receipt requested, payment shall be deemed delinquent and the lien enforceable as a tax lien as is provided by law against the lot, lots, or parcels of property to be charged and collected as in the case of general property taxes against the lot, lots, or parcels of property in question.
(B) (1) The notice to be given to the owner, agent or occupant of any lot, lots or any parcel of property located within the township shall conform substantially to the following:
NOTICE |
To the owner, agent or occupant of any lot, lots or any parcel of property in the Township of Kochville covered by this Ordinance. |
Notice is hereby given that you are in violation of Ord. 75-1 of the Township of Kochville, making it unlawful to cause, or permit, the growing of noxious weeds, as defined therein, on any lot, lots or any parcel of property located within the Township of Kochville. You are particularly in violation of Sections II and IV, of the ordinance which reads as follows: |
"Section II. For the purpose of this Ordinance, "Noxious Weeds" shall include Canada thistle (circium arvense), dodders, (any species of Cuscuta), mustards (charlock, black mustard and Indian mustard, species of Brassica or Sinapis), wild carrot (Daucus carata), bindweed convolvulus arvenis), perennial sowthistle (Sonchus arvensis), hoary alyssum (Berteroa incana), ragweed (ambrosia elatior 1.) and poison ivy (rhus toxicodendron), poison sumac (toxicodendron vermix), oxeyes daisies, ragweed, goldenrod, or other plant which is recognized as deleterious to health, safety, or public welfare and recognized as common nuisance." |
"Section IV. It shall be unlawful for the owner, agent, or occupant of any lot, lots in the Township, to cause, or permit to grow, on said lot, lots, or any parcel of property, any noxious weeds. The presence of such weeds upon such lot, lots or parcel of property is hereby deemed to be detrimental to the public health, safety and welfare and shall constitute a public nuisance." |
In addition to a fine not to exceed $100, for which you are now liable and subject to prosecution, failure to comply with this notice within ten days from the date hereof shall make the owner, agent or occupant of any lot, lots or parcel of property, subject to the cutting and destruction of weeds by the township and liable for the total costs of the township in connection therewith, as provided in the ordinance. The liability for costs may be enforced as a tax lien, as is provided by law against the lot, lots or any parcel of property to be charged, and collected as in the case of general property taxes against the lot, lots or parcel of property. |
COMMISSIONER OF NOXIOUS WEEDS FOR KOCHVILLE TOWNSHIP |
(2) Further, the township may, in lieu of the notice required herein, publish a notice in a newspaper of general circulation in the county during the month of March that weeds not cut by June 1 of that year will be cut by the township and the owner of the property charged with the cost under the provisions of this chapter.
(Ord. 75-1, passed 3-3-1975)