The following procedures shall apply to the abatement of a Nuisance as defined by Section 1313.01(a)(2):
(a) It shall be the responsibility of each owner of property within the Village to maintain their property and abutting tree lawns in a manner that prevents any weeds or grass from growing six (6) inches or higher in height and that prevents any vegetation from obstructing views compromising safe ingress or egress or otherwise impeding traffic, including pedestrian traffic, on any public right of ways. If the owner does not cut or destroy, or cause to be cut or destroyed, vegetation as required herein, the Mayor or designee is authorized to cause said Nuisance to be cut. Such abatement may be issued by the Mayor or designee without reporting said Nuisance to Council in the manner provided herein.
(b) It shall be the responsibility of each owner of property within the Village to trim or cause to be trimmed every tree, plant or shrubbery so that a clear height of nine (9) feet between the lowest branch of the tree and the sidewalk and a clear height of eleven (11) feet between the lowest branch and the street or highway is maintained.
(c) It shall be the responsibility of each owner of property within the Village to trim or remove, as the case may require, every dead, decayed or broken tree, plant or shrubbery, or part thereof, so that the same shall not fall upon the street or sidewalk.
(d) It shall be the responsibility of each owner of property within the Village to cut down and remove any tree, plant or shrubbery, or any part thereof, as may be necessary to provide a clear and unobstructed view of traffic from all directions at any street intersection, or to abate any nuisance necessary to protect life, limb or property of persons, drivers of any vehicles, or pedestrians using the street or sidewalk.
(e) No person or owner of property within the Village shall blow, dump or deposit grass clippings, leaves or other lawn debris onto any public sidewalk, street or alley; provided, however, that nothing in this division (e) shall prohibit the timely depositing of leaves onto a public street or alley as part of a specific Village-sponsored leaf pick-up program.
(f) It shall be the responsibility of each owner of property within the Village to promptly remove litter placed upon or having accumulated upon property. As used in this section, "litter" includes any garbage, waste, peelings of vegetables or fruits, rubbish, ashes, cans, bottles, wire, paper, cartons, boxes, parts of automobiles, wagons, furniture, glass, oil of an unsightly or unsanitary nature or anything else of an unsightly or unsanitary nature.
(g) The owner of property determined to be in violation of this Section shall be served a written notice upon the first identified violation per calendar year. Such notice shall state that the owner has five (5) calendar days to remediate the violation, including, as the case may be, cut or destroy, or cause to be cut or destroyed, any weeds or grass that is six (6) inches or higher in height or any vegetation that obstructs views compromising safe ingress or egress or otherwise impedes traffic, including pedestrian traffic, on any public right of ways, to clear or remove dead trees or limbs, plants or shrubbery, trim trees, plant or shrubbery to a height of nine feet between the lowest branch of the tree and the sidewalk and a clear height of eleven feet between the lowest branch and the street or highway, clear any grass clippings, leaves or other lawn debris form the public sidewalk, street or alley, or
remove and dispose of litter. Further, the notice shall conspicuously state that failure to comply will result in the Village causing the work to be done (including, as the case may be, removal of any trees, limbs, shrubbery, or plants, if necessary) and the costs, including the Abatement Fee (as set forth in subsection (h) hereof) and the Administrative Fee (as set forth in subsection (i) hereof, to be assessed against the property in the manner provided by this Section. The notice shall also conspicuously state that any subsequent violations of this Section concerning the same property during the same calendar year shall require no further notice.
(h) The Abatement Fee for abating the public nuisance in accordance with this chapter shall be billed by the Fiscal Officer at the rate of one hundred fifty dollars ($150.00) per hour with a minimum charge of one hundred fifty dollars ($150.00). This fee shall be in addition to the Administrative Fee provided by subsection (i) hereof.
(i) The Administrative Fee for abating the public nuisance in in this section, which shall be in addition to the Abatement Fee provided by subsection (h) hereof, shall be billed by the Fiscal Officer in any given calendar year as follows:
(1) For a first remediation, two hundred fifty dollars ($250.00)
(2) For a subsequent remediation during the same calendar year, five hundred dollars ($500.00).
(3) For good cause shown the Village Administrator, in his/her sole discretion, is empowered to reduce or waive the Administrative Fee otherwise required by this subsection (i). Any such reduction or waiver shall be reported to the Streets, Sidewalks and Utilities Committee at the meeting immediately following such action.
(j) Within thirty (30) calendar days after such work is performed, the Village shall serve an order to the owner to pay the cost of such cutting, which shall include a statement of the amount of costs incurred and an explanation of the appeals process set forth in Section 1313.10 herein. The order shall additionally state that failure to pay within thirty (30) calendar days or timely appeal will result in the charge being certified to the County Auditor for collection as other taxes and assessments are collected.
(k) If within thirty (30) calendar days after the mailing of the order, the cost is neither paid nor timely appealed, it may be certified to the County Auditor for collection as other taxes and assessments are collected or the Village may seek recovery of such costs by civil action against the property owner involved. An Affidavit of Facts shall be filed if more than one thousand dollars ($1,000.00) has been expended by the Village in abating the Nuisance.
(Ord. 21-123. Passed 8-12-21.)