(a) Keeping Down Weeds and Grasses.
(1) Any person owning or having charge of land within the Municipality which falls within the limits provided by subsection (b) hereof shall keep such land free and clear from all noxious weeds and rank vegetation and shall also be required to control all weeds, grasses and vegetation, except trees, shrubs, acceptable flowers and farm crops, by cutting or other effective legal means of control at any time as is necessary to keep the growth of such weeds, grasses and vegetation under eight inches high. For the purposes of this section, the term "noxious" shall be deemed to mean hurtful or offensive and the term "rank" shall be deemed to mean luxuriant in growth.
(2) No person shall throw, place or deposit, or permit to be thrown, placed or deposited, or permit to remain, in any manner whatsoever, any grass, grass clippings, leaves, brush or other organic materials on public land easement, lot, sidewalk, street or street right of way, unless it is placed in an appropriate container and is scheduled to be picked up within twenty-four hours by a hauler licensed to operate within the Village limits.
(b) Property to be Cleared. The control of weeds, grasses and vegetation required by subsection (a) hereof shall be accomplished on all land within the Municipality that lies within 300 feet of any residential or business structure or within 200 feet of any accessory building or structure or paved right of way.
(c) Notice to Owner to Cut Noxious Weeds; Service. Upon information that noxious or rank vegetation, as defined in subsection (a) hereof, are growing on lands in the Municipality and are about to spread or mature seeds, or that the height of the same exceed eight inches, the Service Director/Zoning Inspector or his/her designee shall cause written notice to be served on the owner and person having charge of such land that weeds must be cut and removed within five days after service of such notice.
Such written notice will be served by:
(1) Personal service;
(2) Alternatively, service may be made by posting the notice conspicuously upon the premises affected; or
(3) Alternatively, service may be made by U.S. Certified Mail, Return Receipt Requested, endorsed "Return in 7 Days". In the event that the certified mail service is returned as "unclaimed" or "refused", then service may be made by ordinary U.S. Mail, and shall be deemed served three days after mailing if not returned as "undeliverable".
Only one such written notice shall be required to be served each year on the owner and person having charge of such land, and such notice shall inform the owner that at the end of the mowing season all charges for each cutting required by the Municipality under this section shall be paid by the owner or person having charge of such land under subsection (e) or will be certified on the real estate tax duplicate through the County Auditor under subsection (f).
(d) Fees for Service and Return. The Chief of Police, any police officer or the Service Director/Zoning Inspector or his/her designee may make service and return of notice provided for in subsection (c) hereof.
(e) Procedure when Owner Fails to Comply With Notice. If the owner or person having charge of such land fails to comply with such notice, Council shall cause the noxious weeds to be cut and removed. All expenses and labor costs incurred shall be paid out of Municipal funds not otherwise appropriated.
The owner and person having charge of such land shall be billed monthly the cumulative charges set forth in subsections (a)-(f) for all cuttings required by the Municipality. The owner or person having charge of the land shall have fourteen days to pay all charges billed. The fees to be charged for each cutting of weeds and grass by the Village shall be as follows:
(1) A flat administrative fee for inspection, paperwork, billing and/or placing of lien on property tax duplicate of two hundred dollars ($200.00); and
(2) A per hour charge for labor and equipment use of one hundred fifty and 00/100 dollars ($150.00) for use of a brush hog or one hundred and 00/100 dollars ($100.00) for use of a mower, with a minimum charge of one hour per cutting.
Any change in the fees to be charged for each cutting of weeds and grass by the Village may be done by Council ordinance or resolution from time to time.
(f) Written Return to County Auditor: Amount of Lien Upon Property. At the end of each mowing season, the clerk shall make a written return to the County Auditor of the action taken under subsections (a) - (e) hereof, with a statement of charges for administration and supervision, transportation of equipment, equipment fee, equipment operator fees, incidental labor or other charges, if the owner or person having charge of the land fails to pay said charges under subsection (e).
(g) Any property owner who violates Section 521.11 on two or more occasions in one year or on one occasion in two consecutive years shall be deemed a chronic violator and will receive written notice in March of each following year that they have been deemed a chronic violator and shall comply with the provisions of Section 521.11 of the Minerva Codified Ordinances. The failure to comply with said provisions after written notification of chronic violator status has been sent shall be cause for the Village to abate without further notice and the cost shall be assessed as provided for in Section 521.11 (e) and (f). Chronic violators are also subject to prosecution under section (h) for violating Section 521.11(a)(1) when the weeds or high grass conditions are in violation of this chapter.
(h) Violations. Whoever violates or fails to comply with any of the provisions subsections (a)-(e) of this section is guilty of a minor misdemeanor on a first offense, and as a chronic violator under subsection (g) upon each subsequent offense such person shall be guilty of a misdemeanor of the fourth degree. (Ord. 63-23. Passed 9-12-23.)