(A) Noxious plants and weeds declared nuisance. Any weeds such as or known as jimson, burdock, ragweed, thistle, cockleburr or other weeds of like kind, and plants or bushes of the species of tall, common or European Barberry, otherwise known as Barberis Vulgaris, or its horticultural varieties, found growing in any place or location within the corporate limits of the village, are declared to be a nuisance. It shall be unlawful for any person to cause or permit any such weeds, plants or bushes to grow or remain in any place or location within the corporate limits of the village to a height in excess of eight inches. It is also hereby declared to be a nuisance and shall be unlawful for any person to cause or permit grass to grow or remain in any place or location within the corporate limits of the village to a height in excess of eight inches.
(B) Notice and removal of noxious plants and weeds. It shall be the duty of every owner or occupant of every lot or tract of land within the corporate limits of the village to cut, destroy or remove, or cause to be cut, destroyed or removed, every such weed, plant or bush or cut any grass as hereinabove described upon every such lot or tract of land in such manner and on or before such time as such weeds, bushes, plants or grass reach or exceed the height of eight inches. Upon the failure of any such owner or occupant so to do, it shall be the duty of the Village Administrator or a designee to serve or cause to be served a notice, via first class mail or by posting the property with a door tag, upon any such owner or occupant of any premises upon which any such weeds, plants, bushes or grass are caused or permitted to grow in violation of the provisions of this section, demanding the abatement of such growth as a nuisance, within a period of seven days from the date of such service. Failure of any owner or occupant to comply with the provisions and demands of such notice shall constitute a violation of the provisions of this section. All days for notice purposes shall be calendar days.
(C) Abatement. If upon the expiration of the seven-day period provided in the notice, any owner or occupant of any premises in the village upon which any such weeds, plants, bushes or grass are caused or permitted to grow in violation of the provisions of this section, it shall be the duty of the Village Administrator or a designee to proceed to the nuisance by cutting, destroying or otherwise removing the weeds, plants, bushes or grass and to keep an account of the expense thereof, and such expense shall be charged to the owner, or the owner and occupant jointly, of the premises, and it shall be the duty of the owner or the owner and occupant jointly to pay such expense.
(D) Recovery cost. The village may record a lien against the property, may exercise any and all civil remedies to recover said costs for removal, including, but not limited to, pursuing collection with civil actions, collection agencies, liens, or other civil remedies.
(E) Exceptions. No action for nuisance shall lie when the owners or occupants of any property within the village allow any species of the genus Asclepias, commonly known as milkweed, or such plants recognized by the National Wildlife Federation as being native nectar plants or pollinator friendly species to propagate on their property. Residents are encouraged to allow the propagation of milkweed and pollinator friendly species on their property as such plants support and encourage the broader goal of re-establishing native habitat for the monarch butterfly and further support the local pollinating species such bees. This exception does not include Asteraceae, commonly known as dandelion or thistle, and shall not apply where, in the reasonable determination of the Code Enforcement Officer such growth does not unnecessarily create a fire hazard for the immediate or adjoining properties.
(Ord. 13-O-05, passed 6-6-2013; Ord. 24-O-05, passed 3-19-2024)