(A) Definitions. For the purpose of this subchapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
DEBRIS. Include the remains of something broken down or destroyed.
RANK VEGETATION. Includes weeds and growing vegetation which are excessively vigorous in growth, shockingly conspicuous, malodorous and/or flagrant.
WEEDS. Includes any plant that is not valued where it is growing, and is of rank growth, tends to overgrow or choke out more desirable plants and/or is listed as a weed in the U.S. Department of Agricultural publication entitled Common Weeds of the United States or in any similar government publication, or those defined in § 91.017(J) of this code.
(B) Violation. It is a violation of this section to have weeds, rank vegetation and/or debris on any real property (the “property”) located within the town’s corporate limits.
(C) Requirement to cut. All owners of property located within the town shall cut and remove weeds and other rank vegetation growing thereon that exceeds an average height of six inches and shall keep their property clear of debris.
(D) Violation notice.
(1) In the event of a violation of this section, an officer of the town’s Police Department shall issue a written notice (the “violation notice”) to the violating landowner.
(2) The violation notice shall identify the violation and order the landowner to correct the same within seven calendar days from the date on which the violation notice is served on the landowner (the “abatement period”).
(3) Personal service, service by U.S. certified mail or any other manner of service recognized in the state’s rules of trial procedure shall constitute proper service upon the landowner for purposes of this section.
(E) Appeal. Any violation notice issued pursuant to this section may be appealed to the Town Court if written notice of appeal is served by the landowner to the Town Clerk-Treasurer. The timely appeal of a violation notice shall toll the abatement period pending the issuance of a decision thereon by the Town Court.
(F) Town to abate.
(1) If the landowner fails to timely abate each violation set forth in a violation notice, the landowner shall be deemed to have granted permission to the town to enter the landowner’s property for the limited purpose of cutting and/or removing such debris, weeds or rank vegetation located thereon and identified in the violation notice. In such case, the Town Council or its designee shall prepare a certified statement as to the actual administrative and other costs incurred by the town in taking such action and serve a copy of the invoice on the landowner.
(2) The landowner shall, within seven calendar days from the date on which the landowner is served with such invoice (the “payment period”), pay in full the amount stated thereon to the Clerk-Treasurer’s office.
(G) Failure to pay. If the landowner fails to timely pay an invoice issued pursuant to this section, the Town Council or its designee, shall certify to the County Auditor the amount of the invoice, plus any additional administrative costs incurred in the certification of the same. The Auditor shall place the total amount so certified on the tax duplicate for the property at issue, and the total amount, including any accrued interest, shall be collected as delinquent taxes are collected and shall be disbursed to the General Fund of the town.
(H) Time of appeals. The Town Court shall hear any timely requested appeal of a notice of violation or invoice within 30 calendar days following receipt of the same and shall thereafter promptly issue a written decision granting or denying, in whole or in part, the appeal. The date on which the Town Court’s decision is served on the landowner shall thereafter become the first calendar day of the abatement period or payment period, as applicable.
(I) Enforcement. The Town Court shall be the court of proper venue and jurisdiction for the enforcement of this section.
(J) Applicability.
(1) This section supplements and does not limit any other remedy or action available in law or in equity regarding the subject matter hereof.
(2) This section shall not apply to an agricultural district.
(Ord. 15, 2010, passed - -) Penalty, see § 91.999