(A) On an annual basis in March, the Commissioner may cause a notice to be published in a newspaper of general circulation in the village that noxious weeds existing on a property as of May 1 of that year may be cut, mowed, destroyed or removed by the Village, with the property owner charged with the village’s actual and administrative costs and expenses in doing so, as many times that calendar year as necessary to keep the property free from noxious weeds. Such a notice shall also contain the information described in division (B).
(B) (1) The Commissioner shall provide written notice based on the most recent tax assessment roll, to owners of property upon which noxious weeds exist, and to occupants and agents of owners of property, known to the Commissioner:
(a) To cut, mow, destroy or remove the noxious weeds within five days of the date of the notice;
(b) To thereafter maintain the property free from noxious weeds;
(c) That upon a failure or refusal to do so, that the Commissioner, by Village employees or contractors, will enter upon the property and perform the required cutting, mowing, destruction or removal;
(d) That payment of the village’s actual and administrative expenses incurred in cutting, mowing, destruction or removal is the responsibility of the property owners and is secured by a lien on the property;
(e) That the existence of noxious weeds is a public nuisance; and
(f) That describes methods of treating and eradicating noxious weeds and summarizing the requirements to do so.
(2) The notice under this section shall be given by personal delivery, certified mail with return receipt requested or by posting on the property and first class mail unless the notice under division (A) has been published, in which case the notice may be by first class mail only.
(C) If at any time during the remainder of the calendar year commencing five days after the mailing of the notice under division (B), noxious weeds exist on a property, the Commissioner may cause the noxious weeds to be cut, mowed, destroyed or removed by village employees or contractors as many times that calendar year as necessary to keep the property free from noxious weeds, and after each such cutting, mowing or removal, shall bill the property owners for the village’s expenses incurred consisting of actual costs and expenses and a 30% administrative fee on those expenses. If village employees perform cutting, mowing or removal work, the actual cost shall be based on the involved employees total hourly costs to the village (wages and benefits) and the rental rate at the closest equipment rental store for the equipment used by the village in performing the work. No additional notices shall be required to be given prior to such actions unless the village has received written notice of a change in ownership by property transfer affidavit or otherwise. In that event, the Commissioner shall provide the new owner with a notice under division (B) and wait the required five days before taking actions under this division.
(D) The Commissioner’s bill for village expenses shall be paid within 30 days, after which a penalty of 1% per month shall be added and due on any unpaid balance. Payment of all expenses and penalties shall be secured by a lien on the property as of the date the village first performed work and if not paid within the time required, may be placed on the tax roll for collection in the same manner as delinquent special assessments under the Village Charter.
(Ord. 7.01, passed 10-11-71; Am. Ord. 7.12, passed 5-12-08)