(a) Cutting and Destroying. The Village Administrator is authorized, empowered and directed to cause to be cut or destroyed all high grass in excess of five inches of growth from ground level to the tip of any leaf and/or noxious weeds resulting from neglected lawns and properties growing in the corporate limits of the Village. Written notice must first be served on any owner, lessee, agent or tenant having charge of lands on which said offending weeds and high grasses are growing as set forth in subsection (b) hereof. If such owner, lessee, agent or tenant fails to comply within five days after service of the notice by cutting or destroying the high grass, or by destroying all noxious weeds in accordance with the notice, the Village Administrator shall cause said high grass or noxious weeds to be cut or destroyed. Prior to causing said grass or weeds to be cut, the Village Administrator shall determine by an actual inspection of such lands that the excessive growth is in violation of the stipulations as set forth in this section.
(b) Service of Notice; Fees and Return. Written notice shall be served by personal delivery to the owner, lessee, agent or tenant having charge of the lands; or by residence service by posting the notice at an occupied residence or other occupied building on said land. If the property is not occupied, and if the owner or person having charge of the land is a nonresident of the Village whose address is known, the notice shall be sent to his address by certified mail. If the address of the owner or other person having charge of the land is unknown it is sufficient to publish the notice once in a newspaper of general circulation in the Village. Any police officer, the Village Clerk, or any agent of the Clerk may make service and return of the notice provided for in this section, and shall be allowed the same fee as provided for service and return of summons in civil cases before a magistrate as identified in the Village's Mayor's Court rate and fees schedule. Should the violation notice be forwarded via the U.S. Postal Service, the fee assessed shall be equal to the cost of postage and an administrative cost as identified in subsection (f).
(c) Unhealthful Growth; Failure to Remove.
(1) It shall be unlawful and a nuisance for the owner or person having charge of any lot, place or area within the Village to permit unhealthful growths, dead or diseased trees, or other noxious matter or materials to be growing, lying or located thereon after notice has been sent as hereinafter provided. The Village Administrator is authorized and empowered to administer this section and shall investigate or cause to be investigated, all requests under this section and shall cause notice to be served on the owner or person having charge of any such lot or land as provided in subsection (b) hereof, to cut, destroy or remove any unhealthful growths, dead or diseased trees, or other noxious matter or materials found growing, lying or located on such property.
(2) No owner or person having charge of said property so notified shall fail, neglect or refuse to cut or remove unhealthful growths, dead or diseased trees, or other noxious matter or materials growing, lying or located on such owner's property within five days after receipt of the written notice, as provided for herein. Each day after the expiration of the five days shall constitute a separate offense and is subject to monetary fines and penalties as provided in the Village's rate and fees schedule set forth in subsection (g) hereof.
(d) Continuing Maintenance Program. Property owners failing to maintain their properties in compliance with any notice served pursuant to the provisions of subsection (b) hereof, shall have the offending property placed on a “continuing maintenance” program established by the Village to ensure the public health and safety of the community. This program provides for the continuing periodic cutting of lawns and weeds for the growing season with no further notification of violation. This work is typically contracted to an area contractor. Fees charged will be in accordance with a fee schedule to be established by the Village at rates determined by the Village.
(e) Lien on Property. Council shall make written return to the Wood County Auditor of any fees or costs incurred as a result of action taken under Sections 521.19
(a), (b) and (c). Fees shall include a statement of the charges for all service of notices and shall include the amount paid for labor, fees of the officers serving the notices, administrative fees, and shall include a proper description of the premises. Such amounts, when allowed, shall be entered on the tax duplicate as a lien on such lands from and after the date of the entry, and shall be collected as other taxes and returned to the Village General Fund.
(f) Violation; Notice to Owner or Tenant. Whenever a violation of any of these provisions is noted by a police officer or other officer or agent designated and authorized to enforce the provisions of this chapter, such officer shall notify the Village Administrator who shall cause the Village Clerk or a police officer to serve such notice directing the owner, agent, lessee or tenant in charge of such premises that a violation of the provision exists and that the violation must be corrected within five days after the date of the issuance of the written order. Failure to correct the conditions on the property identified in the notice shall constitute a violation. A first offense is minor misdemeanor. A second offense within twenty-four months of the date of the first offense shall be charged as a misdemeanor of the fourth degree. Each day's violation, after the expiration of the five days herein set forth, shall constitute a separate offense and is subject to monetary fines and penalties as provided in the Village's penalty, rate and fees schedule.
(g) Fee Schedule.
(1) First notice violations.
Residential Properties | $100.00 for labor up to two hours expended and $75.00 for each additional hour of labor. |
Commercial Properties | $150.00 for up to two hours expended and $100.00 for each additional hour of labor |
(2) Continuing maintenance.
Residential Properties | $175.00 for up to two hours expended and $100.00 for each additional hour of labor. |
Commercial Properties | $250.00 for up to two hours expended and $175.00 for each additional hour of labor. |
(Ord. 07-05. Passed 6-25-07.)